Courts chaos: ‘It is just ludicrous, a system in tatters’

Solicitor John McMillan today spoke out against the situation he, his colleagues and magistrates find themselves in because of new court arrangements.

He described the present arrangement as being in “tatters” and said it was having a huge impact on those responsible for ensuring the justice system runs smoothly in our region.

Mr McMillan said the situation with his client had been so ridiculous that he had managed to persuade Telford Magistrates Court to conduct the hearing and sentence the man – against the new policy that all remand hearings for the county must now take place at Kidderminster.

The Shropshire Star has already spoken to representatives of the legal profession, magistrates and the police who have all spoken of their frustration at the new system.

All remand hearings, involving people in custody have been moved to Kidderminster. It means a constant need to take defendants to the Worcestershire town, which is a logistical headache and increases travel expense.

It has also led to people being held for longer at police stations after handing themselves in, because only one bus a day travels from Telford to Kidderminster at 7.30am. Any defendant missing the bus must be held until the next day.

The latest issue revolves around Kidderminster Magistrates Court being unable to assess Shropshire defendants for Drug Rehabilitation Requirement orders – a type of sentence designed to provide support and help for people whose offending is linked to their drug habit.

The man involved had initially been scheduled to appear at court but did not turn up and a warrant for his arrest was issued on April 25.

He was subsequently taken to Kidderminster Magistrates Court on May 16 after being arrested on the warrant.

But because the court cannot complete assessments for Drug Rehabilitation Requirements for Shropshire prisoners he was bailed to appear at Telford Magistrates Court where the drug assessment can be carried out. Again the man failed to turn up and another warrant was issued for his arrest on May 22.

He was then taken into custody on the warrant on May 29, again to be taken to Kidderminster Magistrates Court, where officials would have been asked to bail him back to Shropshire to carry out the drug assessment.

Instead, on May 30, Mr McMillan asked Telford magistrates to hear the case, which they agreed to.

Mr McMillan said the situation illustrates “the stupidity” of the decision to move remand hearings to Kidderminster.

He said: “I just thought this is stupid. It was like the magic roundabout. Someone gets arrested, taken to Kidderminster, you speak to them and they need a drug rehabilitation order because they have a drug problem. You ask the court to to send him back to Telford, they say yes, he then misses the appointment, they arrest him, send him back to Kidderminster and it starts again.

“He was about to be taken to Kidderminster for the second time and I said ‘this is stupid’.

“I walked across and addressed the court and said ‘this is ludicrously stupid, it is a waste of public money, they will keep him in custody at tax payers’ expense for 24 hours and then they will still have to send him back to Telford for a DRR’.

“The stupid system is in tatters. It is falling apart and it is obvious to everyone it is falling apart. Common sense has at last come into it and hopefully common sense can prevail.”

The Telford solicitor said it was vital defendants with drug issues were sentenced appropriately to minimise the chance of re-offending.

He said: “It stops re-offending and it puts them in contact with a drug worker who will befriend them.”

Four reasons change needs to happen in our courts

1: ‘Best time’ to hand yourself in:

Worcester Police Station posted a note on the door advising people wanted on breach of bail the “best time” to hand themselves in.

The situation has arisen because only one bus a day leaves Worcester and Telford police stations to take prisoners to Kidderminster for remand hearings.

It means anyone who is arrested or surrenders after the bus leaves at 7.30am has to be held at the station until that time the following day. The note, which was subsequently removed said: “the best time to hand yourself in is between 10pm and 4am to enable transport arrangements to be made to Kidderminster.

2: Stranded 53 miles from home:

One man freed by magistrates was faced with a 53-mile journey back to Shropshire as a result of the changes.

The defendant was arrested in Whitchurch and held overnight before being taken to court in Kidderminster by police bus because all remand hearings involving Shropshire are now held in the Worcestershire town.

But after the case against him was dismissed with no case to answer within 10 minutes, he was told he would have to find his own way home. The route required a train to Shrewsbury, changing at Smethwick Galton Bridge and Crewe.

3: Police time and resources:

John Campion West Mercia’s Police and Crime Commissioner has made no secret of his feelings over the changes warning that they were having a “negative impact” on police time and resources.

He said: “I have clearly and consistently said that I was strongly against the centralisation of remand hearings in West Mercia and that is still the case. I believe our communities need local access to justice. This change removes that for many people.

“It is too early to know the full impact, however as was predicted, so far the new arrangements are having a negative impact on police time and resources.”

4: Magistrate speaks up:

A county magistrate with 30 years’ experience of service added his voice to the calls for the system to be reversed.

Speaking on the condition of anonymity he said: “By centralising the hearings in Kidderminster I think justice is not necessarily being dealt with effectively due to the difficulties people have attending elsewhere.

“It is not good for justice and it is not good for people.

“I need to speak up and make sure justice is available to people at a reasonable level and I do not think travelling another 30 miles for friends and family is reasonable.”