Magistrates' Courts to Sit Evenings to Reduce Coronavirus Backlog

HMCTS has announced its intention to introduce evening Magistrates' Courts sessions in an effort to alleviate the coronavirus case backlog.

According to The Law Society Gazette, HMCTS said it was in the "final stages" of formulating its plan for the additional sittings, which would run on Monday to Friday evenings between 5 and 8 pm.

Mr Latham said that cases listed in the evening would require minimal involvement of legal representatives.

As reported in one of our earlier articles, many Magistrates' Courts have already introduced additional Saturday sittings this month. These extra sessions have focused primarily on non-CPS cases, some of which do not require the attendance of a prosecutor.

HMCTS has reported that around 22,000 cases are currently being handle by Magistrates' Courts every week, which is down from around 34,000 a week before the coronavirus outbreak.

Some areas must be having more success than others because colleagues on my bench have been told that we are handling around 90 percent of the normal workload with the exception of trials.

Personally I don't think I'll be volunteering for an evening on the bench unless I already have an afternoon sitting.

I am not over-enthused at the prospect of having to travel an hour to court, in the opposite direction to my home, on an evening after work.

Petulant Norfolk Man Spat in Former Girlfriend's Face

A petulant Norfolk man stormed out of court, having just admitted to spitting in his ex-girlfriend's face and smashing up her property.

Elliot Yaxley, 22, of Mill Road, Great Yarmouth, admitted a charge of common assault and two charges of criminal damage when he appeared at Great Yarmouth Magistrates' Court on Friday, 25th September 2020.

Common assault is an offence under section 39 of the Criminal Justice Act 1988. It has a maximum penalty of 26 weeks' custody on summary conviction.

Criminal damage is an offence contrary to section 1(1) of the Criminal Damage Act 1971. Cases of damage less than £5,000, as in this case, are dealt with summarily. The maximum penalty is fine at level 4 (currently £2,500) and/or 3 months' custody.

Prosecutor Mark Jackson told the court that Yaxley and his former girlfriend had an argument at her home on New Years' Eve. During the "prickly" exchange Yaxley called her "a tramp" and a drink was thrown over him.

The complainant demanded that Yaxley left the property and he attempted to take £400 of cash on his way out.

Mr Jackson said: "Yaxley was certainly in a temper, and there was a lot of pushing and shoving.

"He began deliberately punching the complainant's door, and spat in her face. As he left, he caused further damage to walls, floors and her car's wing mirror.

"The damage was significant - we're talking in excess of £500."

He added: "We're dealing with a spit pre-Covid, so though there was no risk of infection, it was clearly a weapon of humiliation."

Debbie Reynalds, mitigating, told the court there had been "argy bargy" between the parties.

She said: "He totally lost control of his emotions when he spat, but he admits he has an emotionally unstable personality disorder and PTSD.

"He accepts he has a long way to go with his anger management counselling.

"He is a young man who will no doubt have future relationships, and needs to learn not to fly off the handle."

Peter Candon, Presiding Justice, told Yaxley that the court was adjourning sentence pending the completion of a pre-sentence report. The court could not, Mr Candon said, rule out the prospect of a custodial sentence.

At that point Yaxley began shouting and swearing towards the bench and prosecutor.

"You're all standing here judging me and you're all taking the girl's side. It's a joke", Yaxley exclaimed.

"I was the one with the black eye, but is she going to stand here and get done for what she did?"

Yaxley stormed out of court, accompanied by security staff.

He was granted conditional bail until his sentencing hearing on Wednesday, 28th October 2020. Presumably that information will need to be conveyed to him by Ms Reynalds.

Yaxley is clearly an immature young man who doesn't quite understand how court works.

If a defendant admit their offence then, unless the prosecution accepts a basis of plea, the court sentences on the prosecution version of events. The court also has due regard to any mitigation offered on the defendant's behalf.

Lancashire Zookeeper Convicted of Stealing Penguins

A former zookeeper has been convicted of stealing penguins from South Lakes Safari Zoo.

Bradley Thomas Tomes, 25, of Tarleton, Preston, admitted two charges of burglary when he appeared at South Cumbria Magistrates' Court on Friday, 18th September 2020.

He also admitted three charges relating to selling and attempting to sell the birds. 

Non-dwelling burglary, as in this case, is an offence under section 9 of the Theft Act 1968. It is triable either way and has a maximum sentence of 26 weeks' custody on summary conviction or 10 years' custody on conviction on indictment.

The court heard that Tomes' crimes were uncovered when he sold two Humboldt penguins named Pablo and Penny to exotic animals keeper Reece Oliver, who had seen them advertised on Facebook (as you do).  

When the birds fell ill their microchips were checked, which revealed they had been stolen - along with three macaws and twelve spoonbills - when aviaries at the Cumbrian zoo were raided on 22nd July and 27th October 2018.

Lee Dacre, prosecuting, said: "On 22nd July when staff opened up they saw a hole had been cut in the perimeter fence of the aviary and exotic birds had been extracted, valued at around £20,000. 

"Their suspicions fell on the defendant. He had worked there previously as bird keeper and had previously asked if he could buy some of the animals.

"Initially enquiries by Lancashire Police did not come up with anything."

He said: "On 16th January an animal collector who bought the penguins on Facebook contacted vets saying they were in bad health.

"The defendant asked the person not to contact the police and he would refund him the money.

"Staff from the zoo travelled to the collector's address and tags on the birds confirmed they were stolen. 

Paraphrasing the famous chocolate biscuit tagline, Mr Dacre concluded: "Staff were able to pick up the penguins."

The court heard that in 2019 Tomes was sentenced to 20 weeks' custody suspended for 12 months for animal welfare offences committed at the zoo.

Given the circumstances of the offences, Magistrates determined that their sentencing powers were insufficient. They sent Tomes to Preston Crown Court for sentencing.

He was granted unconditional bail until his sentencing hearing at that court on Friday, 16th October 2020. 

Sergeant Andrew Browning, of Nottinghamshire Police, who worked on the investigation, said it was "one for the books" and the penguins "made everyone laugh".

He added: "My first thought was this is one for the books, and one to tell the grandkids, because there's no way we thought we would go down there and actually find two penguins.

"It was an unusual one. Even when we went down to custody it made everyone laugh, particularly the custody sergeant who was booking us in.

"It was a real off-the-wall find."

Update (30/10/20): Tomes has been sentenced to 2 years and 8 months.

Newark Charity Shop Manager Stole from Till

A charity shop manager fiddled receipts in an effort to conceal her hand being dipped into the till.

Jodie Walker, 36, of Tithe Barn Court, Newark, admitted a charge of false accounting when she appeared at Chesterfield Magistrates' Court on Tuesday, 8th September 2020.

False accounting is an offence under section 17 of the Theft Act 1968. It has a maximum penalty of 7 years' custody on conviction on indictment; 26 weeks' custody on summary conviction.

The court heard that Walker had been employed to run the Peaceful Trust charity shop in Shirebrook in 2018. Shortly after her appointment trustees of the charity noticed a sharp decline in takings and started to monitor her activities more closely.

Angela Hadfield, prosecuting, said: "It appears that what she was doing was altering receipts to show a smaller amount than had actually been taken.

"It's difficult to put a firm figure on the actual amount because we don't know how long it was going on for."

By the time Walker was dismissed in July 2019 the Peaceful Trust could only establish that £111.88 had gone missing, but it estimates the true losses could be closer to £2,000.

Karl Meakin, mitigating, said: "It's a very regrettable matter which she is ashamed of.

"At the time of the offence her long-term partner was addicted to Class A drugs and there was sometimes a need for quick cash to help the family home and there was pressure put on her to supplement the relatively meagre income coming into the home."

Mr Meakin added that Walker's partner was now receiving treatment for his drug addiction and efforts had been made to repay some of the losses to the charity.

Walker was previously convicted of a similar offence in 2010.

District Judge Andrew Davison, sentencing, told Walker: "A second offence of stealing from an employer can lead to prison.

"You need to leave here in no doubt that a third conviction will lead to prison."

Walker was sentenced to a 12-month community order with 160 hours' unpaid work requirement.

She was also ordered to pay compensation in the sum of £111.88, victim surcharge of £85 and prosecution costs of £85.

Offences of dishonesty, particularly when they involve an abuse of trust, really annoy me.

What kind of a person steals not only from their employer, but also from a charity?