A recent case in a British Magistrates Court has caused outrage in more ways than one.
Two 16-year-old boys from Darwen had performed an act of wanton vandalism and desecration in a church. They had written racist and sexually abusive words in prayer books and damaged a priceless John the Baptist cross.
In court, the magistrate - Austin Molloy - was outraged by what these lads had done. During sentencing Mr Molloy told the boys: “Normal people would consider you absolute scum."
The Clerk of the Court - Christine Dean - was so outraged at this remark that she challenged the magistrate in open court for using "inappropriate language". She then encouraged the mother of one of the boys - who presumably was also outraged - to make an official complaint.
Many members of the public were outraged to learn that Mr. Molloy has been relieved of his role as chairman of the local magistrates for his remarks, although he remains a magistrate.
The proper function of a clerk of the court is to discretely advise the magistrate on matters of law and court procedure. It is not for a clerk of the court to dictate which words to be found in any ordinary dictionary are, or are not to be used by a magistrate. It is, to my way of thinking, a matter of outrage that a clerk of the court should publicly rebuke a magistrate over a choice of words. I would say that such an action counts as misbehavior.
I am afraid that my loathing of political correctness is so great that - had I been the magistrate - I would have shown the clerk of the court the digitus impudicus, metaphorically speaking. The Contempt of Court Act 1981 (c.49) 12 permits a magistrate to
deal with any person who—Now, it is a peculiar feature of the Magistrates courts that the clerk of the court is required to advise the magistrate on matters of law, the magistrate not being of necessity trained in law.
(b) wilfully interrupts the proceedings of the court or otherwise misbehaves in court.
(2) In any such case the court may order any officer of the court, or any constable, to take the offender into custody and detain him until the rising of the court; and the court may, if it thinks fit, commit the offender to custody for a specified period not exceeding one month or impose on him a fine not exceeding £2,500, or both.
What a wonderful scene might have unfolded as magistrate and clerk engage in debate over the law of contempt and whether or not it applies to a jobsworth who thinks that scum should not be called scum in case the poor little darlings feelings might be hurt.
Perhaps it's just as well that I'm not a magistrate. :-)
News source:
http://www.blackburncitizen.co.uk/news/darwen/8168248._Scum__comment_Bla...
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