Judges Directive

[mickw]

Hi Folks,
A question if any one can clarify for me, what weight has a Judges Directive. It concerns my trial, during the proceeding one of my FA was disruptive and caused the trial to be suspended and a new jury to be appointed. At the time the judge told court officials and the attending police officers that she be charged with Contempt of court and attempting to pervert the course of Justice. My question is this, is this directive binding and should the FA have been charged with these offences.

Mickw

[Franticwithworry]

Hi Folks,
A question if any one can clarify for me, what weight has a Judges Directive. It concerns my trial, during the proceeding one of my FA was disruptive and caused the trial to be suspended and a new jury to be appointed. At the time the judge told court officials and the attending police officers that she be charged with Contempt of court and attempting to pervert the course of Justice. My question is this, is this directive binding and should the FA have been charged with these offences.

Mickw

So far as I know, the Judge can say what he thinks should happen but he can't insist that it happens. He's stating his opinion, nothing more. Certainly that's the case with Social Services. A judge can say that the accused should have access to his children, for example, but if the Social Worker deems there is a risk, that will take precedence.

Hopefully, if I'm wrong, someone will step in and correct me. That said, your solicitor might have more accurate information than any of us here and I'm sure they wouldn't mind you calling them to ask.

[mickw]

Thanks for the reply, the Judge did seem very determined, up to the point of saying that he wanted her charged but not by the Police team that were acting on her behalf in court on the day. I will try the solicitors that acted for me they may have an answer. Hoping that it is positive and she will be charged with these two offences.

Mick

[Peter1975]

It's my understanding that in crown court, a judge can hand out an immediate sentence for contempt if he or she so wishes on the grounds that it needs to be dealt with immediately, but it would seem that in your case, this has been passed back to the police and cps to investigate and make a charging decision on.

Please keep us posted, it would be interesting to learn what your solicitor comes back with and always warms the heart to hear of false accusers receiving some karma.

[mickw]

Well folks as to be expected, the solicitors have no idea as to whether the FA was charged, as their involvement in the case is finished. I made a Freedom of Information request as to whether she was charged. Guess what, the Police Force concerned will not confirm or deny they charged her. Their way I guess of saying they have done nothing. Yet again the FA gets away with it. A complete farce, an FA disrupts court proceedings leading to the dismissing of a jury and appointment of another 12 jurors, and another trial date. An action I would have thought warranted some form of action by the Police. Alas it seems that if you make a False Accusation against someone and are proved wrong, then you are immune from prosecution regarding subsequent actions.

Mick