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The Magistrate's Blog (2005-2012)

This blog has migrated to www.magistratesblog.blogspot.co.uk This blog is anonymous, and Bystander's views are his and his alone. Where his views differ from the letter of the law, he will enforce the letter of the law because that is what he has sworn to do. If you think that you can identify a particular case from one of the posts you are wrong. Enough facts are changed to preserve the truth of the tale but to disguise its exact source.

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Location: Near London, United Kingdom

The blog is written by a retired JP, with over 30 years' experience on the Bench.

Sunday, November 21, 2010

TJNML

We shall have to get used to news like this, in which a promised reform or improvement has had to be shelved because of TJNML (There's Just No Money Left). The only consolation I can find in this is to thank my lucky stars I am not in Eire.

One quote in the article struck me as odd:-

It will also propose ending a defendant's right to change a not guilty plea once a trial has begun, in a move designed to encourage earlier guilty pleas thus saving the cost of trials.

How is that going to work then?
Jimmy "The Blagger" Murphy is on trial for a robbery, not for the first time in his life. He goes Not Guilty, as he always does, relying on his latter-day Rumpole's skills with a jury, and hoping that one or two key witnesses will develop amnesia on key bits of evidence, with or without 'encouragement' from his mates. The Crown opens its case. To Jimmy's chagrin, all of the witnesses appear to have turned up, and the forensics don't look too good either. Down in the cells, he has a chat with his brief. "I think I'm buggered" he says. Rumpole agrees. He asks to see the Judge in Chambers with the other counsel. "I am instructed to change Murphy's plea" he tells Hizonner.
"Oh no you don't" replies the one in the purple dressing gown, putting his teacup down firmly on the desk. "We have to go through to the bitter end". "But I will not cross-examine any Crown witnesses, nor challenge the forensics, and when my man gives evidence he will cough the lot to the jury. All that's left for me is to mitigate". "Quite" says the learned Judge. "Daft, isn't it? Shall we get on now?"

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