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JUDGE John Bevan tells the two teenagers in the dock to sit down. Then he inclines his head forward to hear the story of the missing letters.
“It would be my application to adjourn this plea and management hearing to a later date which would depend on the service of items of disclosure,” says the defence barrister. The two young men are accused of arson. Relatives sit in the public gallery.
This is a typical scene at the Luton and South Bedfordshire court complex where, according to CPS data obtained by The Times, the wheels of justice turn most inefficiently.
Prosecutions here are brought by Bedfordshire CPS which, according to our unofficial league table, is the worst of the service’s 42 teams in England and Wales.
The defence advocate outlines his frustration: “A letter was sent to the Crown Prosecution Service on October 21 this year listing these nine items of evidence which are exhibits in this case.
“No response was received in relation to that letter. It was followed up on November 2 with a copy of that letter attached sent by post and by fax and, I believe, to the court. It simply repeated that these items were for disclosure and when no response was received . . .” He pauses. “So we are asking for an adjournment.” He looks at the judge. The judge looks at the prosecutor. The prosecutor looks at his desk.
“Let me just check that primary disclosure has taken place,” he says, with the air of a man reaching for his car keys. He turns behind him to the CPS caseworker, who is leafing with mounting desperation through a green file, papers spilling on to his desk.
“This is a mess, mate,” he whispers to the prosecutor. There is silence. “While my learned friend is checking that . . . ,” says the defence barrister, a note of triumph in his voice, and moves to another point.
When the court returns to the problem, the defence asks that an order be made, that it should be done in seven days “so that there can be no doubt”. The caseworker is still leafing through the green file, with the air of a man who thinks the car keys still might turn up in the fridge.
The judge makes the order and the case is put back. There is a long list of plea and directions cases to be heard. The CPS is not at fault again.
“That didn’t go very well,” says one disgruntled defendant, being shown out. “Well,” says Judge Bevan, “that’s a matter of opinion.”
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