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Judge's fury at court 'shambles'

Neal Keeling
22/12/2005

A JUDGE launched a scathing attack on the probation service after a high profile case had to be adjourned because a report was not prepared.

A youth aged 16, who was found guilty of assaulting Salford dad Phil Carroll, should have been sentenced yesterday.

The case triggered massive interest when Salford's police chief said "feral youths" were causing havoc in the city.

Mr Carroll, 49, spent three weeks in a coma and needed surgery to remove a blood clot from his brain and bone from his skull. But at Salford magistrates' court, District Judge Jonathan Finestein was told that a pre-sentence report requested on November 24 - the day the youth was convicted - was not ready.

Urgency

It would have included information about the youth's background and school performance and should have been prepared by officers based at Newham Youth Offending Team in London, as a condition of the teenager's bail is that he lives in the capital.

Judge Finestein said the situation was a "shambles".

The youth, who cannot be named for legal reasons, was asked to attend a meeting with the YOT in Newham after being convicted. His solicitor, Mike Rainford, said the youth was suffering from tonsillitis but got out of his bed and took three buses and a ferry to travel from one side of London to the other for the appointment.

But he arrived one hour late and an officer refused to see him to prepare the report. A new date was then set for his interview of December 21, the day after he should have been sentenced. The youth was originally to have been sentenced on December 20, but that was switched to December 22 due to a strike by court staff.

Mr Rainford said the youth could not attend the meeting on December 21 because he was travelling from London to Manchester to be at yesterday's court hearing.

Concerned

Judge Finestein said: "I am extremely concerned about this entire case. Even if he was late, how on earth can a new appointment be made for the day after the case?"

Addressing a member of the Salford YOT, who have been liaising with the London service, the Judge said: "The fact that they made an appointment for the day after the court hearing is potentially embarrassing and they might like to rectify the situation."

The case was adjourned until January 12 when the youth will be sentenced

A spokesman for the Newham Youth Offending Team said: "The person failed to attend his appointment and turned up considerably late and at a time when the offices had already closed.

"We immediately offered him another appointment, but the logistical difficulties proved to be a problem but we will ensure that every attempt is made to assist him in attending a meeting.

"It would be preferable that the young person is dealt with within his own locality. Normally, we work in partnership with the young people, together with their parents and the court, but this case is an exceptional one."


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Most recent 2 of 4 user comments

   This is a shambles... however all cases which go to court contain errors - there are simply too many reports and red tape that go along with them. This case was described as being more complex - therefore the liklihood of mistakes increase. The way that things improve is by highlighting problems which are then ironed out (hopefully) in the fullness of time. This goes for the police, CPS, social services & probation. They all have unbelievably heavy workloads - mistakes are inevitable. This is not so much a story as a symptom of the strain on the whole system... it seems the only ones immune from this microscope is the legal proffession!
Thrutchmeister, Hadfield
26/12/2005 at 10:23

Offensive or Inappropriate?

   Someone needs to tell this dear judge the world does not revolve around him.
Roger, Oldham
23/12/2005 at 18:52

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