District Judge (Magistrates' Court) Tan Ikram provides insight into the more unusual side of life on the bench.
I recall visiting Chicago District Court and was surprised to see the judge arrive through the front like some sort of celebrity. I have to say that I tend to sneak in through the back, not everyone is so keen to be recognised. In Colombia, they've taken it to extremes where some judges have even resorted to trying cases through one-way mirrors.
I'm all for open justice but first name terms with the judge is taking it too far. Recently, the defendant I had represented some 15 years earlier in a former life, suddenly jumped up in the dock and shouted 'Corr blimey Tan, now I know why I couldn't get hold of you!' I must have one of those familiar faces but when the next defendant charged with being a common prostitute slurred 'you know me, you saw me yesterday', I felt obliged to quickly clarify that my professional encounter had been in the remand court.
I recall one case where counsel made spirited and lengthy submissions for a stay of proceedings for abuse of process followed by a section 78 PACE argument to exclude identification evidence. She relied on a detailed skeleton argument supported by various authorities and followed up by a robust submission of no case to answer. But then, the defendant gave evidence. He was clearly aggrieved and insisted that his face was covered and expressed surprise that the victim could ever have recognised him. His lawyer swiftly tried to limit the damage, to which the defendant replied, in case I still wasn't sure of his guilt, that 'he regretted ever doing it but that his lawyer had told him they couldn't prove it.' I have to confess that at that stage, I rather felt sorry for him and his sense of injustice...
Judges in the Magistrates' Court are addressed plain 'sir' or 'madam'. That said, you just never know what defendants are going to call you, preferring anything from 'Your Majesty' to titles more deserving of 28 days downstairs in the cells. What troubles me increasingly, however, is the number of advocates who address me as 'Your Worship' or, more problematically, 'madam'. There has been a recent ruling on the issue, albeit from Italy's highest court. There, the Court of Cassation has ruled that a lawyer who told the judge that 'he had no balls' ('non ha le palle') was guilty of a criminal offence. Fortunately, I've never been one to create extra work in South London and just smile, always the best bet when you hear the unexpected...
Tan Ikram
District Judge (Magistrates' Court)