THE COMMON SERJEANT HAS HIS SAY

THE COMMON SERJEANT HAS HIS SAY

Retiring judge condemns 'erosion of free speech'

By John Steele

DAILY TELEGRAPH online 28/06/2001

 

ONE of Britain's most prominent judges marked his retirement yesterday by attacking a "cloud of political correctness" in the courts and a spate of criminal justice Acts that restricted judicial independence.

Judge Neil Denison, who as the Common Serjeant of London since 1993 was the the second most senior resident judge at the Old Bailey, said he had "peered into the future" and did not like what he saw.

Judge Denison, 70, who spent 40 years in criminal law and was the 77th holder of the post of Common Serjeant, which goes back centuries, said there were many things he would miss on leaving the Old Bailey. But, he added: "There are other things which I will not miss. The things that make me think now is the time to go. I think it is time to go before I am labelled a dinosaur."

Addressing the Number One court at the Central Criminal Court before an audience of judges, lawyers, staff and journalists, Judge Denison said: "I see a criminal justice system treated by Government and opposition alike as a political football. A new Criminal Justice Act is an annual event, each one of which, when not contradicting the previous one, brings ever more complicated sentencing provisions and restricts the discretion - and therefore the independence - of judges.

"Over all this hangs the cloud of political correctness. In some of its more lunatic aspects, political correctness is merely ridiculous. But in the thinking behind it, there is something more sinister which is shown by the fact that already there are certain areas and topics where freedom of speech, in the sense of the right to open and frank discussion, is being gradually but significantly eroded."

He made clear his distaste for recent changes in the courts service, which is run by the Lord Chancellor, Lord Irvine. He said: "I see a court service with ever-increasing layers of administration and a head office in the shape of the Lord Chancellor's department which is constantly expanding, with whole sections whose only raison d'etre is the collation and distribution of statistics to other sections."

There was a "positive plethora of glossy magazines being produced at heaven knows what expense". "All this at a time where the real place of work - the courts - is subjected to continued and accumulative cuts".

He reminded those present that there was a shortage of court clerks and ushers and that security at the Old Bailey had been reduced, although it was recently stepped up again after a defendant leapt from the dock and punched Judge Ann Goddard in the face.

He said: "I see a Bar under pressure, with fees being cut. I see the system of silks being attacked on the totally spurious ground that it is elitist to honour the leading members of the profession. I see more prosecutions being conducted by salaried officials and not the Bar. In short, we are heading, I fear, down the American road, and any reputable American lawyer would say that is a road that should be avoided."

The role of Common Serjeant has existed since the 13th century, with the holder of the title originally responsible for acting as advocate for the commoners. The Common Serjeant currently serves as the second highest judge in the Old Bailey, beneath the Recorder of London, and hears some of the most serious cases, including murder.