Thursday, January 31, 2013

Teaching old dogs new tricks ? Judicial Institute for Scotland aims to drag Judges out of “Victorian” era ways with training, technology, & business as usual …

Scotland’s courts, judges  & justice system previously condemned as a failure to society, remain so today. A SENIOR JUDGE from Scotland’s Court of Session was asked at a recent get-together of fellow members of the judiciary, “How do you handle doctors letters or medical reports?”. He tersely replied, murmuring an expletive, “I … completely ignore them”. It turns out the same judge kicked out a test case involving a disabled infant just a few months earlier.

And thus from the ignorance of a few ill-mannered men at the head of Scotland’s courts is born the latest pledge from Scotland’s antiquated judiciary to tidy itself up, to be known as the Judicial Institute for Scotland, it’s launch recently announced by the Judiciary of Scotland.

Nearly FIVE YEARS after Lord Brian Gill, then in his capacity as Lord Justice Clerk branded Scotland’s justice system as an unduly complex, expensive “Victorian” system which fails society, the judiciary has only now seen fit to make a public announcement its members appear to require additional training to handle new legislation, new case law, courtroom ‘technology’ (which has in some cases, such as audio recording equipment been in place for nearly a decade already) and “case management expectations” which may not necessarily include public expectations of the swift, cheaper & wider access to Scotland’s justice system proposed by Lord Gill way back in 2009.

Can court users expect any improvement in the way Scotland’s wealth laden clique of judges treat those mere peasants who appear before them with legal issues often made more complex and unnecessarily expensive by their colleagues in the legal profession ? Let’s say … no. Certainly not when some of Scotland’s judges treat the weakest in society with so much contempt for daring to think the courts are there for everyone to access and receive, at the very least, a measure of justice so far denied to them …

Or, could the new training regime be an answer to the recently revealed criminal habits of some members of Scotland’s judiciary, revealed by Diary of Injustice here : ALL THE LORD PRESIDENT’S MEN : Benefits cheats, drunk drivers & tax dodgers, yet identities of convicted Scottish judges to remain secret for now

The Judiciary of Scotland’s Press Release from last week announcing their latest ‘achievement’ : Official Launch of the Judicial Institute for Scotland

Today sees the official launch of the Judicial Institute for Scotland and the opening of the purpose-built learning suite located within Parliament House.

This new learning suite has been equipped with state-of-the-art technology that will enable the Judicial Institute to deliver a wide range of training courses and to respond quickly to training needs when they arise.

In his speech at the start of the legal year last September, The Lord President, The Right Honourable Lord Gill, emphasised the importance he placed on providing judges in Scotland with high quality training in order to ensure that they are in a position to deal with the raft of new legislation and case law, and that they are fully conversant with courtroom technology and case-management expectations.

“Judicial training is not simply an optional extra for the judiciary,” he said. “We have an obligation individually and collectively to ensure that we maintain a professional approach throughout our judicial life.  This new learning suite will enable us to ensure that judges in Scotland benefit from the latest technology in helping them to meet the challenges that lay ahead”.

Prior to 1997 there was effectively no formal training for judges.  The Sheriffs’ Association took on some training in the 1980s and ’90s but that tended to be organising visits to prison or arranging talks.  Training then began to be delivered in hotels on two or three day residential courses, but such facilities limited the type of training that could be delivered.  Over time it became clear that judges needed a more bespoke relevant, modern and accessible training programme which eventually led to the development of this new training facility.

The Director of the Judicial Institute, Sheriff Welsh QC recently said of the learning suite: “Everything is imbued with the principles of adult education. The plectrum-shaped tables are designed to facilitate interaction among groups of judges. The L-shaped room can be converted into big or small spaces; IT can be configured in different ways. The benches at the end of either leg of the room are fitted with the technology you will find in courts across Scotland to enable judges to practice using modern court equipment designed to help vulnerable witnesses give evidence remotely.”

Being in Parliament House also brings the added advantage of enabling senior judges to engage and take part in training and to meet more readily with JPs and sheriffs on training courses.  Training can also be designed around the particular needs of individual judges and sheriffs, taking into account their previous experience and skill set.

The Deputy Director Sheriff Duff said: “We do have continuing professional development. It isn’t compulsory but I have not encountered any reluctance among judges to opt in for training. Induction training is however compulsory for every new judge.” 

Attending the opening today will be Mr Kenny McAskill Cabinet Secretary for Justice and number of invited guests.  The Lord President will invite The Right Honourable Lord Ross to formally open the Judicial Institute for Scotland.

A week on for Scotland’s judiciary since the press release … and its back to business of fiddling one’s mounting assets and failing to declare financial & other interests in court case after court case …

57 comments:

Anonymous said...

A number of the judges I have appeared before in the Court of Session give the very definite impression that they feel they have nothing to learn from anyone and I note that the training for these people 'will not be compulsory'.

Once again it is all kept 'in-house' no external scrutiny allowed and heaven forbid any assessment of what may or may not have been learned by those on the bench.

Anonymous said...

Bet the judge was pleased as punch to say he ignores doctors and medical reports and it just shows how these arrogant bastards think of themselves - above the rest of us and even above god probably.

Anonymous said...

How about putting some of this lot on work experience or community service orders?

Anonymous said...

A SENIOR JUDGE from Scotland’s Court of Session was asked at a recent get-together of fellow members of the judiciary, “How do you handle doctors letters or medical reports?”. He tersely replied, murmuring an expletive, “I … completely ignore them”. It turns out the same judge kicked out a test case involving a disabled infant just a few months earlier.

Phew and these judges expect us to respect them ?????

Anonymous said...

We have an obligation individually and collectively to ensure that we maintain a professional approach throughout our judicial life.
=============================
No you do not. A professional approach when your activities, financial, etc are mired in mendacity. A secret brotherhood. Don't dare talk to us about professionalism. Judicial Institute another SLCC. We do not trust you omnipotent biased mendacious people.

Anonymous said...

“How do you handle doctors letters or medical reports?”. He tersely replied, murmuring an expletive, “I … completely ignore them”.
==================================
Why? Self policing who can force judicial crooks to consider medical crooks reports. All insured by RSA.

Anonymous said...

Attending the opening today will be Mr Kenny McAskill Cabinet Secretary for Justice and number of invited guests. The Lord President will invite The Right Honourable Lord Ross to formally open the Judicial Institute for Scotland.

A week on for Scotland’s judiciary since the press release … and its back to business of fiddling one’s mounting assets and failing to declare financial & other interests in court case after court case …
0000000000000000000000000000000
Honourable my arse.

Anonymous said...

I must say Peter I do like your writing especially about these thuggish judges.
Just imagine what they will be like if Scotland gets independence heaven forbid!
A judge backed dictatorship!

Anonymous said...

Being in Parliament House also brings the added advantage of enabling senior judges to engage and take part in training and to meet more readily with JPs and sheriffs on training courses. [CROOKS, WHO ARE SELF ACCOUNTABLE] Training can also be designed around the particular needs of individual judges and sheriffs, [UTTER HULLSHIT] taking into account their previous experience and skill set.

NO ACCOUTABILITY TO THE PERSON IN THE STREET. I WOULD NEVER TRUST ANY LAWYER, LAW STUDENT TO BRIAN GILL, NEVER TRUST ANY OF THEM.

Anonymous said...

Well mister arrogant judge S.O.B will you ignore your own doctors reports about your health?

I think not but lets hope you do because you are clearly unfit to be in a position of trust or allowed to make decisions affecting the lives of others before you.

Anonymous said...

sounds like the judge needs his mouth washed out as well as retraining or more aptly retirement and no pension

Anonymous said...

This judge should be sacked!

Anonymous said...

Dear Lord Gill.

It sounds as if one of your M'lud chums sounds a tad rather unhinged and should be booted off the bench immediately.

Further,any cases this idiot judge has presided over where medical evidence has been presented (which he has now confessed he completely ignores) should be recalled and the poor souls given a chance at obtaining some justice.

Anonymous said...

As secretive as the Special Operations Executive during WW2, these clowns have total control over people's lives with their decisions. Any new body like this is another front for protecting these criminals. One fact I have learned is that SLCC, Law Society, this Institute, all the same, protection units with new names.

It is time these legal gangsters were held to account. They are the greatest threat to people's health and financial assets.

Anonymous said...

Nice to know what they really think of us.The judge clearly feels he is better qualified to determine someone's medical condition than a doctor or hospital!Stuff him!

Anonymous said...

Teaching old dogs new tricks ? Judicial Institute for Scotland aims to drag Judges out of “Victorian” era ways with training, technology, & business as usual …
-------------------------------
Ideology of self regulation is the problem, its dated, encourages corruption and therefore criminally unaccountable.

Anonymous said...

Had the judge been drinking before he came out with such a striking comment?

Beggars belief really this judge is allowed to continue in office after admitting such prejudice against medical reports and probably other evidence he/his colleagues also regard as fair game to be ignored.

Anonymous said...

Exactly what qualifications does a judge have to overrule or ignore a doctor's opinion?

Answer; NONE

Anonymous said...

A SENIOR JUDGE from Scotland’s Court of Session was asked at a recent get-together of fellow members of the judiciary, “How do you handle doctors letters or medical reports?”. He tersely replied, murmuring an expletive, “I … completely ignore them”.
=============================
How much do vested interests pay you to ignore them, ££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££you self regulating secretly operating corrupt bastard.

Anonymous said...

Hmm well medical reports are not always ignored by the judiciary..

For example

If a rapist shows up before a judge and gives a medical report or psychiatric report he was not in full control of his feelings he gets a more lenient sentence

If a murderer shows up with a medical report saying he was drunk at the time hey presto sentence reduced!

If a lawyer shows up with a medical report listing depression & suicidal tendencies (after being found out for screwing over his clients) he gets a golden badge from the judge and a holiday in the Bahamas!

but of course.. if a mere pleb shows up in court with a medical report blaming the judge's pals in the legal profession or banks or whatever for their state of health yes it will be ignored.

Glad you brought this one up Peter because it shows exactly what the courts are about as in protecting their own..

Anonymous said...

Anonymous said...

I must say Peter I do like your writing especially about these thuggish judges.
Just imagine what they will be like if Scotland gets independence heaven forbid!
A judge backed dictatorship!

31 January 2013 22:38

You dont know much about the judiciary do you?

I'm sure if you ask Mr Cherbi nicely he will confirm most of these judges are dyed-in-the-wool Unionists,having done very well financially out of the Union.

So you may have to consider the fact we are currently living in a judicial backed Unionist dictatorship!

Anonymous said...

The ignorant judge may wish to have a look at the following http://www.mentalhealthlaw.co.uk/Category:Unfitness_and_insanity_cases

Anonymous said...

Thieving politicians seem to be able to use medical reports to their benefit :

http://www.telegraph.co.uk/news/newstopics/mps-expenses/labour-mps-expenses/9231264/Margaret-Moran-found-unfit-to-stand-trial-for-expenses-fiddle.html

Margaret Moran found unfit to stand trial for expenses 'fiddle'

Margaret Moran, the former Labour MP accused of falsely claiming £80,000 in expenses, has been found 'unfit to plead' after a court heard she felt 'suicidal' after being 'abandoned' by the Labour party.

By Matthew Holehouse

12:27PM BST 27 Apr 2012

Mr Justice Saunders admitted his judgement may be viewed with 'scepticism' but concluded that Moran, 56, of Southampton, Hampshire, is unfit to plead.

Moran did not attend the hour long hearing at Lewes Crown Court.

It was found she is suffering from "a depressive illness with associated anxiety" to a "moderate severity" and that she will be unable to enter a plea to her 21-count indictment.

The court heard the shame and "villification" she had suffered after being accused of fiddling her expenses had left her a "broken woman."

Her illness becomes much worse whenever the case was mentioned, Dr Philip Joseph, a consultant forensic psychiatrist, told the court.

Dr Joseph, called by Moran's defence lawyer Jim Sturman, said: "She has feelings of abandonment from the Labour party.

"It remains a concern she may commit suicide.

"Bear in mind she has attempted to harm herself. The stress results from these proceedings and the allegations she was facing."

He said the extent of Moran's depression has affected her ability to concentrate and remember events and therefore she cannot successfully "apply her mind" to proceedings.

Dr Joseph went on to describe Moran's aged, tired appearance which shocked many people when she appeared in the press last year.

He said: "All of this has come crashing down and that feeling of public shame and vilification was causing her to become a broken woman. I had seen some footage of Miss Moran when she was an MP.

"She was exuberant but she has now changed in a physical sense. People with depression can look physically crushed and hunched. Physically she has changed."

He added: "When she is at home in Southampton sitting quietly trying to cook or watch television one could argue her illness is only moderate. But as soon as this case comes to her attention it increases."

He said that her feelings stemmed from "being punished" for things that have happened in her past.

Dr Joseph said that although his findings "were not conclusive enough" to certain Moran was not exaggerating her feelings he said it was "probably and likely" they were genuine.

Anonymous said...

It is well known among the legal fraternity there are judges who give more credence than others to medical reports however for a judge to openly admit he completely ignores medical evidence is shameful and contrary to the administration of justice.

I support calls in an earlier comment for cases of a medical nature previously heard by this judge to be re-examined and also call for an updated written code of guidance to be published by the Judiciary of Scotland with regard to medical evidence so we can hold judges to account when they ignore medical opinions.

Anonymous said...

and here lies the corpse of the Judicial Institute for Scotland - exposed as yet another fraud perpetrated on us by the legal establishment!

Anonymous said...

Anonymous said...

Hmm well medical reports are not always ignored by the judiciary..

For example

If a rapist shows up before a judge and gives a medical report or psychiatric report he was not in full control of his feelings he gets a more lenient sentence

If a murderer shows up with a medical report saying he was drunk at the time hey presto sentence reduced!

If a lawyer shows up with a medical report listing depression & suicidal tendencies (after being found out for screwing over his clients) he gets a golden badge from the judge and a holiday in the Bahamas!

but of course.. if a mere pleb shows up in court with a medical report blaming the judge's pals in the legal profession or banks or whatever for their state of health yes it will be ignored.

Glad you brought this one up Peter because it shows exactly what the courts are about as in protecting their own..

1 February 2013 13:26

ALL TRUE !

Anonymous said...

Dont worry none of this will get fixed because the Police are too busy arresting each other over plebs & hacking and the Crown Office will cover up any bent judges otherwise half their prosecutions will be revealed as fit-ups in the great scheme of Scots Law.

And to answer that twit on the Independence/union thing well I dont see the SNP doing anything about corrupt judges corrupt Scottish courts and crooked lawyers do you and what with the judges cheating the benefits system I'm sure they will swing the way of whoever is in charge to keep their undeserved fat pay packets!

Anonymous said...

Perhaps the judge should consider declaring to the court his hatred of people with medical reports?

Anonymous said...

“The civil justice system in Scotland is a Victorian model that had survived by means of periodic piecemeal reforms. But in substance its structure and procedures are those of a century and a half ago. It is failing the litigant and it is failing society. It is essential that we should have a system that has disputes resolved at a judicial level that is appropriate to their degree of importance and that disputes should be dealt with expeditiously and efficiently and without unnecessary or unreasonable cost. That means that the judicial structure should be based on a proper hierarchy of courts and that the procedures should be appropriate to the nature and the importance of the case, in terms of time and cost. Scottish civil justice fails on all of these counts. Its delays are notorious. It costs deter litigants whose claims may be well-founded. Its procedures cause frustration and obstruct rather than facilitate the achievement of justice."
==================================
Too much money in delays for him and his rotten lawyers to change it. He must think we are fools indeed.

Anonymous said...

If the judge hates the disabled/weak there's a good chance he's a racist or religious bigot too..

Someone in his position coming out with something like that even at a meeting of his own chums... its just sick.

Anonymous said...

Can court users expect any improvement in the way Scotland’s wealth laden clique of judges = [CRIMINALS] treat those mere peasants who appear before them with legal issues often made more complex and unnecessarily expensive by their colleagues in the legal profession? [THIS IS WHY GILL WONT CHANGE IT] ORGANIZED CRIMINALS IS WHAT THEY ARE. THEY ENGINEER DELAYS TO INCREASE THEIR FEES. THEY BREAK THE LAW WITH IMPUNITY.

Anonymous said...

A JUDGE WITH A WISE REMIT.

http://www.standard.co.uk/news/crime/legal-aid-for-millionaires-is-daft-says-top-judge-8476779.html

Anonymous said...

Anonymous said...

Exactly what qualifications does a judge have to overrule or ignore a doctor's opinion?

Self regulation is the answer to your question.

Anonymous said...

Who judges a judge? This is why they do whatever they want.

Anonymous said...

Anonymous said...

And here lies the corpse of the Judicial Institute for Scotland - exposed as yet another fraud perpetrated on us by the legal establishment!
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]
Yes everything they do is to protect them. Their real activities [financial and criminal] are shrouded in secrecy with smoke screens such as this Judicial Institute for Scotland, SLCC, Law Society, and their Scottish Parliament. It is judicial dictatorship presented as democracy because we are not all equal in legal rights.

Anonymous said...

I support calls in an earlier comment for cases of a medical nature previously heard by this judge to be re-examined and also call for an updated written code of guidance to be published by the Judiciary of Scotland with regard to medical evidence so we can hold judges to account when they ignore medical opinions.

POINTLESS ALL JUDGES ARE THE SAME. IT'S LIKE ASKING HIMMLER TO INVESTIGATE THE SS.

Anonymous said...

“We have an obligation individually and collectively to ensure that we maintain a professional approach throughout our judicial life.
================================
Lies, do they think we believe this utter cobblers? Professional criminals throughout your judicial lives. These goons with the wigs and red robes are the greatest threat to our assets.

Anonymous said...

Do not expect justice from the unjust judicial gangsters.

Anonymous said...

Vile dogs.

Anonymous said...

Yes,its unavoidably two faced when crooks use medical reports to get off long sentences or lawyers use them to avoid punishment for ripping off their clients while then when a victim of the banksters and lawyers tells sends in a doctors letter his life has been destroyed by the judges friends in the profession the judge turns round and says he ignores it

Shows you how corrupt these judges and the whole courts system really is doesnt it

Anonymous said...

RSA insure doctors, accountants, judges, employers, MSP's and all the rest. When any lawyer offers to represent you remember you will never get your day in court, they are agents for insurance companies [but keep this fact quiet]. Their only interest in your predicament is using you to obtain legal aid. When they get that you get dumped.

No lawyer can argue against this statement because its true.

Anonymous said...

So instead of bragging to his mates at work he discriminates against people with medical problems why doesn't this judge just come out and say it in the open??

I'll tell you why - If he does there will be instant calls for his retraining, retirement or sacking!

Anonymous said...

Well I dont hear any denials from the courts so all this must be true and what about the benefits cheating judge?What/who does he completely ignore (apart from the law that is).So we have the situation where criminals are in charge of the courts too!

Anonymous said...

That EU report on justice you have makes Scotland stick out like a sore thumb and also shames Gill's lack of action over the Civil Courts Review.

Keep us posted on Mr Angry M'Lord!

Anonymous said...

The Scottish parliament has been asked to change the law to prevent tenants being evicted because of changes to housing benefit.

Mike Dailly of the Govan Law Centre said that people could be homeless because of the UK government reforms.

He said Holyrood should act to minimise the consequences of the change.

But, speaking on Sunday Politics Scotland, SNP MSP Linda Fabiani claimed little could be done until the Scottish parliament has more powers.
================================
Highlight London Edinburgh difference but never Law Society difference. Shame on you.tsks

Anonymous said...

http://www.bbc.co.uk/news/uk-scotland-21313198

Solicitor firms' profits have fallen back to their 2010 levels, with the Law Society of Scotland warning its members about potential cash-flow problems.

"It's clear that the effects of the recession are not over”

Lorna Jack Law Society of Scotland chief executive.
-----------------------------
The more go bust the better Lorna.

Anonymous said...

With all due respect all of you are missing the point.

A training office for judges is announced after Cherbi ransacks the reputation of judges in the national press, exposing judges criminal records not to mention dodgy financial dealings.

A training 'initiative' following the bad headlines is clearly no accident..

I intend no criticism of Peter's work as I believe he is one of the finest 'law' journalists in Scotland,however the Lord President would do well to take the initiative and raise standards within the judiciary rather than giving the appearance of being forced to react to events as they are played out in the media..

Anonymous said...

Yes I want to hear from this judge who ignores medical opinions and what his grounds are for doing so!

Anonymous said...

Anonymous said...

Perhaps the judge should consider declaring to the court his hatred of people with medical reports?

1 February 2013 18:21

Doubt it.Have you ever heard of an honest judge?

Anonymous said...

What do you expect?

When you have someone effectively playing God with people's lives as long as this judge probable has coupled with self regulation and the judges writing their own rules you get these outcomes where they can basically say and do what they like.

A judge effectively saying he sidelines a chink of the population who are ill yet have doctors to prove it is a judge who will rule in favour of 'vested interests' against any medical claims and your own reference to a case involving the same judge ruling against a disabled infant supports this.

There should now be a full investigation into all the cases this judge had heard and this carried out in public allowing anyone affected to come out in the open and give their own side of their story and presumably any medical evidence he has rejected or refused to consider.

Personally I think this judge has become too used to playing God,hence his attitude problem.

Anonymous said...

4 February 2013 14:33

U could be right but Gill clearly aint listening

Anonymous said...

“We do have continuing professional development. It isn’t compulsory..."

This is a remarkable revelation?

An admission that the Judiciary are NOT COMPETENT and that they are NOT PROFESSIONAL?

Continuous Professional Development is a prerequisite to ensure that Professional Standards are maintained throughout the membership and to ensure that the membership maintain and be able to demonstrate that they continue to possess the minimum standards required to be able to fulfil the requirements of their job?

Clearly, according to this report, the Judiciary en masse have not even reached this minimum standard necessary to be able to carry out their job and that there is no system in place to ensure that this will be enforced in the future?

Under these terms, it looks as though this is an amateurish attempt to try to plug a hole which they think will lead to an inevitable suing of a Judge or the whole system for being incompetent under law?

WHICH IS EXACTLY WHAT IT IS........?

Anonymous said...

Anonymous said...
A SENIOR JUDGE from Scotland’s Court of Session was asked at a recent get-together of fellow members of the judiciary, “How do you handle doctors letters or medical reports?”. He tersely replied, murmuring an expletive, “I … completely ignore them”. It turns out the same judge kicked out a test case involving a disabled infant just a few months earlier.

Phew and these judges expect us to respect them ?????

31 January 2013 21:52
---------------------------------------

This new cosy meeting area seems to be more concerned with making it easier for Scottish Judges to spouse their discriminatory and wrong views?

There seems to be a general acceptance amongst Scottish Judges that, although they are not doctors and have not undergone any sort of medical training because they are now Judges that they feel that they can unilaterally & ignorantly ignore the qualified medical opinion of an expert in medicine, who in most cases has an intimate and longstanding understanding of their patient?

Only in Scotland?

A wholly corrupt and crooked lawyer infested country?

God help us all......

Anonymous said...

Anonymous said...
This judge should be sacked!

1 February 2013 09:17
//////////////////////////////////////////

They should all be sacked on the spot, especially after the admittance that they are all unfit for purpose?

Once sacked, they can reapply for their jobs (after undergoing appropriate training paid for by themselves) and if successful they should be paid a gross salary of no more than £50,000.00?

End of...

Anonymous said...

Anonymous said...
I support calls in an earlier comment for cases of a medical nature previously heard by this judge to be re-examined and also call for an updated written code of guidance to be published by the Judiciary of Scotland with regard to medical evidence so we can hold judges to account when they ignore medical opinions.

POINTLESS ALL JUDGES ARE THE SAME. IT'S LIKE ASKING HIMMLER TO INVESTIGATE THE SS.

2 February 2013 18:27
&&&&&&&&&&&&&&&&&&&

Where a Judge unilaterally disregards a medical experts diagnosis, then unless they can substantiate their reason for doing so, they should be held in contempt of court and potentially guilty of a criminal offence?

Anonymous said...

When exactly did Justice in Scotland end?

Anonymous said...

Anonymous said...
Yes I want to hear from this judge who ignores medical opinions and what his grounds are for doing so!

4 February 2013 17:10
Dohhhhhhhhhhhhhhhhhhhhh!

What do you mean 'the' judge?

It is the majority of their omnipotentcy's who hold this biased and indefensible position?