The mouseinthecourt spent the morning live-tweeting from the busiest crown court in England and Wales – Snaresbrook.
“You’ll come to a gate which looks like the entrance to a graveyard that hasn’t been looked after for a while” is how a barrister once described how the public entrance to Snaresbrook Crown court might look like.
I’ll let you be the judge on that:
Arriving just after 10am I entered the courtroom of HHJ O Del Fabbro. A rather formidable judge who by all accounts doesn’t suffer fools gladly.
The first case was somewhat confusing at the start. The CPS had sent an e-mail to the court requesting a sexual harm prevention order be imposed on the defendant following his conviction.
HHJ O Del Fabbro said: “I think admin have come across this old email and have somewhat panicked because they think the order hasn’t been granted” – the judge explained one did exist.
Defence counsel explained that the e-mail should have asked for an amendment to an existing order which would prevent the defendant from (loosely paraphrasing) contacting any female in any public place without good reason.
We were told that the consequences of breaching the SHPO could include a conviction in and of itself, as well as activation of an existing suspended sentence.
It was for these reasons defence counsel said he would “need to take instructions”, before agreeing on his clients behalf, to the proposed SHPO. Could we come back for another hearing, it was asked.
HHJ O Del Fabbro said “we don’t have the slots to cover cases like this” as he queried whether the defendant could be phoned immediately. Not possible. The next 15 minute hearing available was on 2nd January 2025. The judge commented “pity it couldn’t be resolved today“.
The next hearing was a pre-trial review. We’re told that one of the two defendants needs to contact the original police officer in the case, the prosecution said they haven’t been able to get in touch with them.
[I should mention that pre-trial cases are subject to automatic reporting restrictions on the precise details]
Asking whether the case was trial-ready HHJ O Del Fabbro said “We have a mountain of cases to get on, … [does] this case deserve the slot it has been given? … We do try and maintain our diary but it needs the assurance everyone is going to be trial ready on the day otherwise it will literally be booted out“.
“So that’s why its so critical there’s a new way of thinking required from everyone” adding “four to six weeks before the trial it must be ready, if it’s ‘sort of’ ready it will be taken out“.
HHJ Del Fabbro asked the two defence counsel if they’re ready for trial. One says yes, the other began explaining but was interrupted by the judge “Beware, beware! Otherwise I will take it out… If you don’t tell me today sadly it will be taken out… I’m trying very hard to keep it on“.
After hearing some explanation the judge confirmed he will tell the listing office to keep the trial in. He ends the hearing asking counsel to “use every bit of your knowledge and experience” to keep the trial on track.
Next up is a custody time limit extension. A previous CTL before the same judge was approved during the so-called Criminal Bar Association dispute in September 2022 as this site reported in “Custody Time Limit Extension approved at Snaresbrook“.
Counsel explained that the trial of both defendants was set for a “fixed floater” on Monday, ie four days before. The trial had “floated into Tuesday” but couldn’t be accommodated by the court.
The circumstances of the case meant the defendants had been held on remand pending the trial.
Defence counsel submitted that “not being able to find a courtroom is not a good reason to extend the custody time limit” asking “what enquires had been made to find another court room?”
HHJ O Del Fabbro replied “You’ve come to the right court as I have daily contact with the list office as to the state of matters“.
News reached the court that counsel for the 2nd defendant was in fact in another hearing and would join shortly. Having emerged at 11.17 she began “My apologies for joining slightly late…“
“Slightly? Slightly! This was a 10.45 matter” bellowed the judge.
Details of the case, fascinating albeit covered by reporting restrictions, were discussed during a subsequent application for bail for the first defendant – which was denied.
The application for custody time limit extensions for both defendants will be adjourned until December we were told.
The next hearing, and my final before this judge, concerned a rape case that was due to start on Monday. The defence wanted to ‘break the fixture’ as trial counsel was now unavailable.
We’re told that they had a case at Woolwich Crown court which should have started the previous Monday but instead started on the Thursday.
We were told the defendants solicitors had checked many places, including the Midlands and the North, and no barristers were available to take on the case.
HHJ O Del Fabbro said quite forcefully that “we can’t break this fixture for the reasons given” and that the solicitors should “cast their net wide” to find one.
The Judge described how the impact of the fixture break would be “phenomenal” on the complainant.
The defendant’s bail conditions were varied so he could leave home before the time his curfew was due to end so he could get to court in time for Monday.
The judge advised him that “there’s always a queue of people waiting to enter on Monday mornings” so to leave plenty of time.
It’s not known whether replacement trial counsel could be found – suffice to say the defendants name did not appear on the list for Monday.
The list reveals that two courtrooms will be sitting empty and that 25 hearings are “unable to be accomodated(sic)” that day.
The final case I saw was before the Honorary Recorder of Redbridge HHJ R Dean. As a senior circuit judge she is entitled to be addressed as “My Lady” – a point helpfully reinforced to otherwise unaware barristers by the four A4 sheets of papers stuck up between the barristers and the judge with “MY LADY” written on them.
Call her ‘Your Honour” at your peril!
The Crown Court sitting at Snaresbrook
15th November 2024 10.00 – 13.00
Courtroom 5 – HHJ O Del Fabbro
Courtroom 1 – HHJ R Dean
Mouse in the Court 