Our justice system is in a downward spiral. In Crown Court in Liverpool, more than 70% of trials bring in not guilty verdicts.The filtering of cases ensures that virtually all people brought before judge and jury are guilty. The innocent are incredibly few in number.If a case is weak [unusual as the CPS only prosecutes where it feels sure to win] then it is right for an acquittal to be given. Indeed, as a magistrate I often found a case 'not proved' when the skittles did not all line up neatly - even when I was virtually certain that the defendant was guilty. This is how the Law is meant to be applied.
The Liverpool acquittal rate dates from the point when juries became 'more broadly selected'. You do not need too many lowlifes - often complete with a criminal record of their own - and simpletons on a jury before there is no hope whatsoever of achieving any conviction.
Couple this with the blatant dishonesty seen daily in the system from those so-called 'Officers of the Court' - defence lawyers, and the system is clearly in disarray.
When a solicitor informs a Bench of certain 'facts' about his client, pre-sentence, anything from childhood abuse to allegedly voluntary attendance on a drugs programme, the Magistrates have to accept this frequently used old pap as verified fact.
They frequently lie and commonly mislead! Magistrates cannot disprove the point and yet another villain walks out of court under-sentenced.
There is a solution. Defence solicitors must not be allowed to make any statements to a court except under oath. For the sake of balance this should extend to the CPS who seldom try too hard to win a verdict in any case.
The threat of disbarment, perjury charges and prison would transform our courts in one step.
Truth would make a tardy but much-welcomed return.
Reference: Peter Hitchens "A Brief History of Crime".
