The Magistrate's Blog (2005-2012)

This blog has migrated to www.magistratesblog.blogspot.co.uk This blog is anonymous, and Bystander's views are his and his alone. Where his views differ from the letter of the law, he will enforce the letter of the law because that is what he has sworn to do. If you think that you can identify a particular case from one of the posts you are wrong. Enough facts are changed to preserve the truth of the tale but to disguise its exact source.

My Photo
Location: Near London, United Kingdom

The blog is written by a retired JP, with over 30 years' experience on the Bench.

Monday, August 17, 2009

Loophole? Er- No.

I mentioned the other day that I spent a bit of time on the other side of the bench recently and I have just remembered an interesting exchange that I overheard. While the bench was considering 'our' case the CPS counsel was approached by the prosecutor from upstairs, who handed him a case file. "It's my morning excess alcohol trial" he said. "It's going to be a plea. It's one of those Northern loophole outfits who were going for the 116 (police station breathalyser) procedure but they have viewed the DVD and their client's instructions were wrong and it's all in order".
So the client will have faced the hefty fees of a so-called loophole specialist, including travel costs, and will have received only the reduced discount that is available for a late guilty plea on the morning of trial. An expensive lesson, I fear.