One professionally embarrassed barrister, a man sentenced after telling ex-partner he was “going to slice her up” with a machete and a sad notification that a defendant has passed away – Just a few of the cases the mouseinthecourt observed at Sheffield’s ‘Fully Remote Court’ on a Friday morning.
“The fully remote court (FRC) at Sheffield Crown Court is already proving its worth as a valuable part of criminal court recovery in the north-east of England” begins a blog post by Lisa Shotton, the Head of Crime (north-east), for HMCTS.
She continues – “It has been most successfully deployed for those cases where each defendant is in custody and the hearing is short and does not involve evidence or lengthy or complex argument, such as bail applications or directions hearings.”
A glance at the cause list for Wednesday, Thursday and Friday of this week (Jan 5th-7th) reveals a total of 29 hearings were listed. These included:
Sentencing: 7
Further Case Management: 7
Bail Applications: 1
Plea & Trial Prep: 8
Mention: 5
Plea: 1
(I also note that on each of the three days a single court room was shown as ‘not sitting’ and presumably would have been available for hearings. This fact may not have been known in advance however).
Of interest was the number of defendants being sentenced over the three days – an inherently complicated task and a serious exercise of power by the state.
Lord Hewart C.J. in McCarthy [1923] infamously said of justice that:
it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done
With this concept of Open Justice in mind and reassured by a line in Ms Shottons blog post that “members of the press or public can apply to the court via telephone to access proceedings” I did just that.
The phone number was written on the cause list and my call at 09.29 this morning resulted in an e-mail some four minutes later with a link to join the hearing contained within a step-by-step guide:
Aside from one blip when I was temporarily removed by the Clerk – “Another participant has disconnected you” I spent the morning remotely attending the ‘Fully Remote Court’ of Mrs Recorder Taryn Turner. Here is what I observed:
[Nb – some of these matters could come before a jury and are therefore subject to reporting restrictions. The exact details in some of the cases have therefore been accordingly obscured to avoid any prejudice.]
SITTING AT 10:30 am – For Mention [Actual: 10.30 – 10.50]
Starting promptly at 10.30am the Judge’s question of “can everybody hear and see ok?” resulted in a feedback loop of loud screeching until a rouge microphone was turned off.
Counsel for the CPS couldn’t hear the court on her laptop and had to disconnect and join via her phone instead.
At 10.40 we begin and the defendant, through an interpreter who is also remote, pleads guilty for “producing a controlled drug of Class B”. Sentencing is adjourned until February 2nd to allow a pre-sentence report by the probation service to be produced.
The Judge warns the defendant “I also wish to make it quite clear that all sentencing options, including custody, are available on the next occasion.”
The defendant continues to be remanded in custody.
SITTING AT 10:45 am – Plea and Trial Preparation [Actual: 10.54 – 11.12]
The barrister representing the defendant invites the court not to arraign the defendant today (ie ask whether he pleads guilty or not) to allow enquires of a state agency to be carried out. These enquiries may reveal that the defendant has a defence to the allegations.
A trial date is set as a back stop just in case.
SITTING AT 11:05 am – For Sentence [Actual: 11.12 – 12.10]
The court was told that the victim (“Mother”) had been in a relationship with the defendant (“Father”) for a number of years and that they have a 6-year old daughter together.
Prior to the offences they had been apart for 2 ½ years although they had remained in contact to allow the father to help out with looking after the children.
The court was told that on 16th July 2021 the father had started sending text messages to the mother. She had told him to stop and that she would report him to the police if he continued.
At 7pm on 21st July 2021 the court heard that the mother was at home preparing her young son for bed. She heard a loud bang from downstairs and went to her bedroom where she could see a monitor linked to a CCTV system.
The CCTV showed the father walking across the garden whilst carrying a machete. It is said the father walked to the rear of the property and jumped into a neighbours garden before running away.
The mother went downstairs and found that her two living room windows had been smashed. She called the police and a short time later whilst still on the phone to them she heard further smashing sounds.
The mother went to the top of the stairs and at this point she was holding her young son. At the bottom of the stairs she say the father who said that he’s “going to slice her up”. When the mother tells him the police have been called he replies “F**k the police”.
The Mother says in a victim impact statement that she “was genuinely scared for her life and thought he would carry out his threats”.
The following day at about 11.45pm a neighbour was in bed at home with their window open when they heard the sound of glass being smashed and the sound of “sloshing”. Upon looking out her window the neighbour recognised the father standing outside the mothers house holding a jerry can. The father was shaking it and appeared to be pouring its contents through the mothers window.
When the mother returned to the property on 23rd July the smell of petrol was said to be ‘overwhelming’. A witness statement prepared after that second incident said:
“I am struggling to cope with everything today. I am numb and hurt. I am not eating and I have not slept all night. It is destroying me. If I had been at home he would have set light to the petrol he poured everywhere. He is a dangerous man.”
The court heard that the father handed himself into the police on July 26th and gave a no comment interview. We were told he is age 30 and has received 10 convictions for 16 offences.
In mitigation the court was told that the “time he has spent in custody so far has brought him to realise the relationship is well and truly over… he is truly sorry and truly ashamed for his behaviour”.
In handing down her Judgment Recorder Turner described the fathers behaviour as “truly disgraceful conduct” and determined he “presents a risk and danger to the public”. It was “quite clear she was deliberately targeted” and must have been a “terrifying ordeal” for the mother she said.
Determining the defendant would have received a seven year custodial sentence after a trial, this was reduced down to 70 months after credit for a guilty plea.
SITTING AT 11:40 am – Plea and Trial Preparation + Committal for Sentence [Timings: 12.12 – 12.17]
This defendant came to court to attend this hearing and appeared from a special video enabled room at the court centre.
Unfortunately, we were told that “the relationship has broken down” between the defendant and her barrister which meant that both her and the firm had become professionally embarrassed.
The Judge tells the defendant she had three weeks to instruct new solicitors and find representation otherwise the court will proceed in any event. “The court will not keep adjourning this case because you keep falling out with solicitors… I advise you leave court today and that you immediately seek representation”
SITTING AT 12:05 pm -Further Case Management [Timings: 12.18 – 12.23]
Counsel for the CPS begins by telling the court she is in a hurry – “I’m in front of HHJ Dixon at half past so don’t want to keep him waiting”.
This is a very simple procedural hearing to make sure everything is good-to-go for the defendants trial at the end of the month.
“All up to speed with disclosure?” The Judge asks, “Of course” the defendants barrister replies.
SITTING AT 12:20 pm – Plea and Trial Preparation [Timings: 12.28 – 12.46]
First the court deals with a joinder application. The court is asked that one batch of offences including harassment, ABH and damaging property, currently listed for trial in February, should be joined to another batch of offences. This second set includes assault by beating, burglary and a threat to destroy property. All six offences are said to be been afflicted against the same victim and so it’s submitted by the Crown share “a factual nexus”.
The joinder is approved and the court’s diary is checked to ensure the additional day for trial can be accommodated – it can be.
SITTING AT 12:40 pm – For Mention [Timings: 12.46 – 12.48]
This hearing involves a defendant known as Mr Green. The court is told that Mr Green has passed away and that a copy of the death certificate has been uploaded to the courts file. The police officer dealing with the matter has also confirmed to the Crown that it’s correct.
“I’m sorry that Mr Green has passed away, that is very sad” comments the Judge.
The correct form of wording for the courts records is to be updated and the court adjourns for lunch.
Mouse in the Court 