Saturday, August 11, 2012

‘Scandalising judges’ laws to be reviewed in England & Wales, what now for crooked, corrupt members of Scotland’s judiciary ?

Courts Judges Scotland montageLaws protecting crooked judges from criticism of their conduct while in office are to be reviewed. THE CRIMINAL OFFENCE of “Scandalising a judge or the judiciary”, a law invoked to protect members of the judiciary from media reporting of corruption or public criticism of their dubious conduct in cases, are to be reviewed by the Law Commission of England & Wales, who are holding a consultation on the issue which can be downloaded here : Scandalising the Court consultation paper (pdf)

The similar offence of "murmuring judges" in Scotland, or scandalising judges or scandalising the judiciary, is a form of contempt of court but has rarely been used over the years. However, those reporting on the dodgy conduct of Scotland’s judiciary have been known to occasionally be ‘reminded’ by elements of the legal establishment to “watch out” in case they fall foul of the law although as a search for stories on corrupt judges in Scotland returns, there is a healthy level of criticism of Scotland’s judiciary.

Diary of Injustice recently investigated Scotland’s judiciary, reporting on some alarming findings, here : CAREER CROOKED : Investigation reveals Scottish judges are CONVICTED CRIMINALS, Drunk Drivers,Tax Dodgers & alleged BENEFITS CHEATS & here : ALL THE LORD PRESIDENT’S MEN : Benefits cheats, drunk drivers & tax dodgers, yet identities of convicted Scottish judges to remain secret for now

During the course of the investigation, evidence emerged of improper relationships between Scottish judges & law firms, which have not been declared to litigants involved in cases where on several occasions, Sheriffs & even Senators of the Court of Session have ruled in favour of parties they have financial interests with which amazingly need not be declared under current judicial rules allowing highly paid Scots judges to keep their financial interests & private work a secret. However, to correct this, moves are also being made to file a petition at the Scottish Parliament calling for a Register of Judges interests, more of which will be reported soon by Diary of Injustice.

The offence itself, of scandalising a judge, or judges can be committed by doing or publishing anything that ridicules the judiciary to such an extent that it is likely to bring the administration of justice into disrepute, with scandalising the court defined in a one hundred & twelve year old case by Lord Russell of Killowen CJ in the case of R v Gray [1900] 2 QB 36, 40, as "any act done or writing published calculated to bring a Court or a judge of the Court into contempt, or to lower his authority".

The Guardian newspaper reports on the story, citing a recent use of the law against former Northern Ireland Minister Peter Hain MP, here : Scandalising a judge may no longer be an offence

The Law Commission’s consultation is available here : Scandalising the Court. Readers are reminded the consultation closes on 05 October 2012. Readers should participate, and are encouraged to call for a similar review of laws in Scotland.

Status: Our work on scandalising the court forms part of our wide project on Contempt. Work on this aspect of contempt has been brought forward to tie in with the Government's consideration of the possible abolition of the offence under the Crime and Courts Bill.

A well-publicised case in spring 2012 highlighted the historic common law offence of scandalising the court. This offence covers conduct likely to undermine the administration of justice or public confidence in the administration of justice, where the conduct does not impinge on particular proceedings. Scandalising the court has been defined as "any act done or writing published calculated to bring a Court or a judge of the Court into contempt, or to lower his authority" (R v Gray [1900] 2 QB 36, 40, by Lord Russell of Killowen CJ). There has not been a successful prosecution for scandalising the court in England and Wales since 1931, although it has been used more recently in other common law jurisdictions.

The controversy surrounding this offence is in relation to:

the lack of clarity about both the conduct element and the mental element
the lack of clarity about the defences available
the justification for retaining such an offence in a well-established democracy, and
the compatibility of the offence with freedom of speech and the European Convention on Human Rights.

The consultation considers whether the current offence of scandalising the court should be abolished or, in the alternative, whether it should be retained but modified and, if so, how.

The consultation relates to our project on Contempt

Reference number: LCCP 207 Scandalising the Court consultation paper (pdf)


Anonymous said...

Should be called "mumbling judges" because you cant hear a damn thing they say in the Court of Session unless you are down with the lawyers.

Nice one catching the benefits cheat judge christ with their salary how do they have the cheek to do it?

Anonymous said...

Judges having to rely on a hundred year old law to keep their filthy dealings out the papers?

Haha what a joke!

Anonymous said...

I love your opening picture - the judges on their way to the benefits agency for a cheat!

I dare say they wanted to hang you for that one Peter!

Anonymous said...

Judicial censorship - now there's a surprise and an even bigger one this law wasnt done away with years ago.

Put simply these judges are on 200K a year plus a great pension so too bad m'luds if you are bent or incompetent we have the right to say so because we pay your wages!

Anonymous said...

During the course of the investigation, evidence emerged of improper relationships between Scottish judges & law firms.
The same pattern again. Judges and law firms having financial interests against litigants the lawyers purport to act for. These maggots need dragged into 2012. The public fall foul of the law, by criticizing Judges, but the same deviants [gay magic circle affair] can keep their criminal convictions hidden.

These are humans, not God's and their self protective system needs smashed. Every member of the public [who Judges serve, not the other way around] must have the right to criticize them. Who do these assholes think they are?

Anonymous said...

Scandalising the court has been defined as "any act done or writing published calculated to bring a Court or a judge of the Court into contempt, or to lower his authority"
And who makes this judgement, the judiciary of course. It is a Victorian system out of date.

They are all dam good at scandalising themselves.

Anonymous said...

Scandalous that the Public should be effectively barred from expressing a critical opinion on the work of the Judiciary, heaven knows there are no shortage of grounds for precisely that, as this blog has made abundantly clear for several years.

Hopefully the right of free speech - as enshrined in the Human Rights Act - will prevail.

That said, the Scottish Judiciary has a distinctly uneven record of achievement when it comes to correctly understanding and properly applying those particular laws.

Anonymous said...

This sounds like a rule which may be indicative of a 'Victorian Justice System' in Scotland and is ripe for modernisation?

Much much more important from a legal perspective is that the DOI Team have exposed that the current Scottish set of Judges and Sheriff's have not maintained the minimum level of standard required as a pre-requisite to be able to perform their duties and that some Scottish Judges & or Sheriffs have been breaking the law by continuing to practice as a Judge or Sheriff whilst been guilty of a criminal offence

Anonymous said...

Anonymous said...
The Law Society and Scottish Legal Complaints Commission dominate by bureaucracy where it is impossible to allocate responsibility for what is being done and impossible to identify culprits. Law firms are not identified so how can you trust any firm? But we can identify them.

What I know is that it is pointless complaining about lawyers in this country. Their system automatically goes into shutdown mode. If this were not the case dissident websites would never have been created. So we have to utilise new legal methods of exposing corrupt law firms. We have to change tactics.

I appeal to the victims reading A Diary of Injustice, become participants because you will not be breaking the law if you are telling the truth. Poster campaign's in your town, warn others, and stop the clients going to these lawyers. Target the supply side and DO NOT APPROACH the Law Society of Scotland or The Scottish Legal Complaints Commission. [YOU WILL ONLY WASTE YOUR TIME. THEY ARE ANTI CLIENT, AND AGAINST ANYONE WHO DARES TO HIGHLIGHT LAWYER CORRUPTION. LOOK AT THE EVIDENCE TO SUPPORT THIS. THEY DO NOTHING ABOUT LAWYERS SIEZING A MAN’S DISABILITY BENEFITS TO PAY LEGAL FEES AFTER THEY COVERED UP HIS INJURIES. THEY APPROVE OF THIS BRUTAL TREATMENT. SO WHAT IS THE POINT IN REPORTING A LAWYER TO THEM? NO POINT WHATSOEVER MY FRIENDS.
DON’T REPORT YOUR LAWYER TO THEM. You are applying your efforts in the wrong place. They do not want thousands of us distributing leaflets about law firms. How could the press keep quiet about that? THEY WANT YOU TO GO TO THEM SO THEY CAN KEEP EVERYTHING SECRET. JUST LIKE JUDGES WANT THEIR CRIMINAL RECORDS KEPT SECRET. Do not go to your MSP or Citizens Advice either; they are all on the Law Societies side. ONLY WE CAN EXPOSE THESE CRIMINALS, WE REALISE THAT NOW, SOME OF US HAVE BEEN THROUGH THE LAW SOCIETY TORTURE CHAMBER. What you have to ask yourselves is this.
Can I live with what they have done to me? Can I stop them in their tracks? I want to stop the corrupt ones. A Diary of Injustice wants to stop them. So do you BY ANY LEGAL METHODS.
I went for the leaflets because they can do nothing about it. AND IT WORKED. Leaflets stating "Bloggs Solicitors stealing Mortgage Money", PROVIDING IT IS TRUE OF COURSE. WE CANNOT STOOP TO THEIR LEVELS. WE HAVE ETHICS. HONESTY IS OUR STRENGTH. THAT IS WHY THEY ARE IN A MESS. Stop this strategy Scottish Legal Complaints Commission and Law Society. You cannot and you know it. We are cutting you out of the complaints loop. Ruined clients WE MUST TAKE THEIR POWER AWAY FROM THEM, GO PUBLIC AND WATCH CLIENTS LEAVING LAW FIRMS IN THEIR THOUSANDS. IF WE ALL DO THIS SCOTLAND’S PEOPLE WILL BE FAR SAFER FOR IT.
Oh there is the door bell ringing. Have the Law Society ordered me arrested for harassing lawyers. Law Society F**k off. This is Scotland, not Nazi Germany. OR ARE THEY GOING TO TRY AND STITCH ME UP ON TRUMPHED UP CHARGES? THEY ARE BAD ENOUGH TO TRY IT.

Anonymous said...

Lawyers always have and escape route to act in secret. It must end.

Anonymous said...

Since the People's DOI Team exposed that Scottish Judges & Sheriffs were acting unlawfully by continuing to act when they themselves have a criminal record, those who are in power who are continuing to allow this unlawful practice to happen are similarly contributarily negligent and as such are guilty of a common law offence, which should result in them being sent to jail as they are deliberately acting in such a way as to deliberately and wilfully harm the Scottish People?

Anonymous said...

The sooner we have this register of judges interests idea from you the better.
keep up the good work Mr Ace Reporter!

Anonymous said...

Anonymous said...
Should be called "mumbling judges" because you cant hear a damn thing they say in the Court of Session unless you are down with the lawyers.

Nice one catching the benefits cheat judge christ with their salary how do they have the cheek to do it?

11 August 2012 13:58

Did you know that all Courts in Scotland have microphones installed so that you can clearly hear the Judge/Sheriff and the two Advocates?

However, they make sure that this system is TURNED OFF so that the Public are not privy to their conduct?

The reason that Judges/Sheriff's break the law with impunity is that under the existing structure they believe that they are above the law?

This warped system has evolved because there is no scrutiny of their behaviour and they take advantage of this showing that they are NOT FIT to be a Judge /Sheriff?

Anonymous said...

We have had enough of bureaucracy that allows crooked lawyers to keep working. I know someone who was ruined by a doctor and wore a T Shirt with the following message on the back of it.

Dr XXX caught lying in my medical records. His patients were horrified. His hands were tied.

No legal action was taken by the GP because or his defence union because the person was telling the truth.

Offices receiving complaints filled with like minded individuals always cover things up. These offices must be bypassed by lawyers clients and then the true horrific details of the way lawyers treat members of the public will emerge.

If a client is lying about a lawyer then that is wrong. But so is the treatment Mr Cherbi, Mr Gordon and thousands of others have had, horrific treatment of people for £££££££££££££££££££££££££££££££££££££ and then the inevitable cover up to protect a crooked lawyers reputation.

When the poster campaign catches on the Law Society will be publicly known for what it is, a den of evil. And that will take the SLCC down with it.

Oh a lawyer told us we were "as thick as two planks". Well my dear intellectual lawyer, my pile of naming and shaming posters is as "thick as two planks". What a clever chap you are. A true font of wisdom. Have a nice day, before you are destroyed by the clients you have ruined.

Remember self regulation can only work for lawyers if you keep sending complaints to them. STOP NOW, IT WILL NEVER WORK.

Print the posters and bypass them and the crooks will end up on Cameron's work program.

Finally Douglas Mill what do you think of the poster idea? It will do what the Law Society are terrified of, destroy law firms reputation by the thousand, and Law Society income will plummet. If they have no clients they will not need practicing certificates and they will not need your society.

Anonymous said...

Scandalous that the Public should be effectively barred from expressing a critical opinion on the work of the Judiciary.

I agree, reminds me of Douglas Mill who was of the opinion it is fine to have press reports about lawyers providing the reports are positive.

Anonymous said...

Anonymous said...
12 August 2012 19:02

What a superb post. I completely agree.

There are Office Bearers at the Law Society of Scotland who are up to their necks in criminality and under a democratic country with a free police force and an incorruptible Crown Office, these individuals would surely be in jail?

However, Scotland has been driven into a pit of despair by these dark actors, where they can act as if there are no laws in place, similar to Mugabe's Zimbabwe?

There is absolutely nothing they will not do in order to retain their grip of power around Scotland's neck?

When there is no protection of the People by the State; where they 'invent' institutions to do the opposite of what they were supposed to do; when their criminality is exposed, they send in their clean-up crew so that the Public's knowledge of their corruption is kept to a minimum, yes what can the Public do to protect themselves from harm?

Direct action is the only recourse for the Public, when all of the odds are artificially stacked against Scotland's People?

Let the TRUTH come out and to HELL with the damned because we all know where they are going?