Friday, February 06, 2015

I Think You Are Right There M'Lud

I understand that Lord Thomas, the Lord Chief Justice (so my boss) has expressed doubts about the practice in most criminal courts of putting the defendant into a secure glass dock. Unless there is a good reason to prevent escape, or assault on court staff, we never allow a defendant to be handcuffed, because that might prejudice him in the sight of the jury or bench. I have seen a handful of cases over the years in which cuffs were allowed, but in most cases there is no real need to lock the defendant in a glass cell, especially if he is unconvicted. Let's see how this turns out.


10 comments:

  1. Our local magistrates court has glass fronted docks. The court room usually used for youth courts though has a 'half height' glass dock (and this is only used in those cases where young people are brought up from the cells, or where there is a risk of absconding - most young people sit in the body of the court). However, since a defendant leaped over the glass and ran out of the court on being told he was going to custody, we now have the 'theatre' of security guards appearing at every exit as the magistrates re-enter having decided to send a young person to custody. Tends to be a bit of give away as to what the outcome is going to be!

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    1. Indeed. Is it allowed, to make the decision known outside the panel before the defendant is informed?

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  2. Some form of pre-trial risk assessment is necessary, particularly if the defendant is unrepresented. The difficulty is that sometimes the more charming defendants are the ones who become aggressive, normally at the point when they realise that the wind is not blowing in their direction. In days of yore the Usher would often spot the early signs and take appropriate action. Now most magistrates' trials take place with only the legal adviser present, who is usually preoccupied with taking a note.

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  3. Any defendant brought up from the cells into the dock is handcuffed until the prison escort releases him/her, so I don't see why the bench or jury should be particularly prejudiced. The glass-walled dock is - in our magistrates' courts, at least - a secure cell, so there is no need for 'cuffs once installed. Where we are having problems is when an interpreter is required - should he/she be in the dock with the defendant, or be outside the dock? In either case, the interpreting has to be done through the the glass, which can sometimes lose something in translation.

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    1. It sounds like you are admitting that the def does not get a fair trial because s/he cannot fully particpate through the glass.

      Personally I favour the American habit of having the def sit next to their lawyer. After all, until conviction the def and the Crown are litigants of equal standing.

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    2. Generally, the practice has been that "security" bring the defendant before the court and then undo the cuffs. If they don't wish to do that then should make an appropriate application. There is no reason at all why the fact that D is cuffed should prejudice him.

      A further problem is that it is impossible to know in advance who might "kick off" or try to abscond. Courts do not have adequate security today and there is no willingness to pay for more.

      On balance, leave it alone.

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    3. Psychological. Handcuffs make someone look like a criminal, which will have a subconscious effect on the jury, whatever their conscious minds may tell them.

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  4. isn't the broader issue, the fact thatin may courts staff have been largely removed (ushers, security, police officers?)

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  5. Having been in court when someone tried to 'do a runner' (and this was in a very secure dock so he didn't succeed but had a bloomin' good try!!) I can assure you it was a pretty frightening experience indeed.

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  6. The reason a lot of people are in court is that they are very dangerous persons. If there was the slightest chance of them doing off they would. Handcuffs and security are necessary and I doubt very much there is any prejusice by being in the dock.
    Generally speaking it is the evidence that should get someone convicted, if theyhave don it, not how they look. My experience of jurises magistarates and judges generally is that they do tery and give the defendant the benefit of the doubt.

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