Contempt of Court: Judicial Blinkers and Earmuffs

A few weeks ago I was sitting as a winger in the remand court when one of the defendants became unruly.

I always enjoy the remand court as it gives such a wide variety of work. I also like the additional level of challenge posed by the rapid assimilation of information and decision making.

Just like Forrest Gump's imaginary box of chocolates, you never quite know what you're going to get in the remand court. It depends how badly behaved the local criminals have allegedly been, plus how proactive the local police have been.

I was sitting at one of our smaller and quieter venues. On a typical day this court might have 5 or 6 overnight cases to deal with, plus a few other previously-listed bits and bobs for later in the afternoon. 

This is one of the quieter backwaters of the English criminal justice system. Think a cross between Emmerdale and Howards' Way and you'll not be too far off the mark.

This day was unusually busy as additional custody cases were being bussed in due to a shortage of cell capacity at a neighbouring court.

It was also unusual in that we had someone wanted on a probation warrant hand them self in to the court. We also had a shiny new CPS prosecutor who had only done a couple of previous remand courts.

Anyway, we were still dealing with custody cases at 1.30 pm, which is almost unheard of at this particular court. Our next customer, who I'll call Mr Black for sake of argument, was led into the glass-fronted dock at the side of the courtroom.

Mr Black, who had been bussed in from the other court, had been arrested on warrant. He was a bit miffed by that because he had actually attended court for a trial the previous day, but the police had been lying in wait for him.

Showing a stunning lack of foresight, the officers arrested Mr Black on his way into the court building instead of waiting for the trial to be concluded. That was another ineffective trial for the number crunchers to contend with.

By the time Mr Black washed up on our shores there was another charge against his name - an alleged breach of a DVPO.

The shiny new CPS prosecutor, Miss Green we'll call her, rose to her feet to address the court on the circumstances leading to Mr Black's arrest.

She explained that he had failed to attend yet another nearby court for sentencing in relation to an offence of criminal damage.

Outlining the facts, Miss Green said that Mr Black had attended the property of his on/off partner, Miss Pink, kicked a hole in the front door and put the windows out.

He had admitted the offence, but sentencing had been adjourned for reports. A warrant was issued when he failed to attend for sentencing.

It was evident that Mr Black was taking umbrage at Miss Green's account, muttering under his breath and throwing in the odd "you're a fucking liar" and "those bastards (the police) are out to get me" for good measure.

Mr Black's solicitor, who I'll call Mr Grey, had been unsuccessful in efforts to muzzle his client. Realising that Mr Black's conduct was perhaps not endearing him to the Bench, Mr Grey was beginning to look a bit sheepish.

The PJ asked Miss Green to resume her seat and addressed Mr Black in the dock: "Mr Black, we need to hear what the prosecutor is saying. If you continue to disrupt the court, I will have to send you back down to the cells".

Miss Green, who was coping admirably but beginning to look flustered, returned to her feet and continued to outline the facts of the criminal damage.

She read out Miss Pink's victim personal statement, which said she didn't want anything to do with Mr Black and was terrified of him.

"She's a fucking liar", exclaimed Mr Black.

"She's never said that to me. The bitch is making it all up."

With that the PJ turned again to Mr Black, saying: "I have already warned you about disrupting the court. As you've continued, you can now go back to the cells.

"Officer, please take Mr Black away."

As he was led out of the courtroom, Mr Black stuck his head back around the door frame and announced: "You're a fucking c**t too. This is a stitch-up. You're only believing her."

The PJ then addressed the Legal Advisor, saying he was dissatisfied with Mr Black's conduct and seeking advice on how it could be dealt with. The reply came that the court might take the view that Mr Black was in contempt and deal with him accordingly, but that would need to wait until the afternoon.

The Bench proceeded to sentence Mr Black on the criminal damage matter.

In relation to the DVPO breach, Mr Black openly admitted breaching the order, which had been made by another court only a few days earlier.

It was a particularly flagrant breach and Mr Black, as you may have already deduced, was no stranger to the criminal justice system or breaching orders of the court.

The police prosecutor, Miss Scarlett, outlined the circumstances of the offence. She said that police had received reports that Mr Black had attended the property of Miss Pink and talked his way inside.

This was in direct contravention of the order, which forbid him from contacting Miss Pink or attending her property.

Officers attended the property and found Mr Black hiding in an upstairs wardrobe. Mr Black had been abusive and resisted arrest.

Mr Grey rose to his feet and explained that Miss Pink had willingly let his client inside the property and that he was seeking reconciliation with her. He asked us to consider a fine.

Given Mr Black's willful non-compliance and flagrant disregard for the order, we duly sentenced him to 2 months' custody.

That afternoon we considered what to do over Mr Black's earlier outburst. We were the only Bench, so would have had to deal with the matter ourselves. After much discussion it was decided that although Mr Black had crossed the line, returning him to the courtroom would further inflame the situation.

As he was going to prison anyway, we decided the best course of action, given the circumstances, was to draw a line under the matter.

Hopefully it'll be a normal day dealing with shop thieves and trout ticklers next time.