The Telegraph reports: “Recorder Alun Jenkins QC warned barristers that any young defendants who fail to address him properly may be locked away immediately with their cases suspended. The judge’s comments came after he vented his frustration at a 24-year-old car thief who had pushed him to breaking point by repeatedly answering “yep” when questioned at Gloucester Crown Court.
“….the judge warned barristers in court that a lack of respect would no longer be tolerated.
He said: “What I observed yesterday was a defendant who appeared to me to be insolent.
“Dumb insolence is a wonderful military offence that allows you to put them on a charge without them uttering a word. I haven’t got such a power in this court but there is clearly a lack of respect going on which needs to be addressed.”
Recorder Jenkins, an experienced barrister who has been sitting as a part-time judge since 1993, continued: “Defendants will call me ‘Sir’ or ‘Your Honour’. I don’t mind which because I don’t stand on ceremony.
“But they will show respect. I would like you to pass that down to all advocates and defendants.
“Any lack of respect will result in the case being put back with the defendant put in custody to consider his position.”
I can well understand the Recorder’s frustration – but banging someone up with their case suspended could well make matters a whole lot worse? Not being a judge or magistrate I can’t really comment from that perspective but I do know that ‘insolence’ is best dealt with by ignoring it. I would have thought it best, in the presumably fairly rare cases where defendants don’t show respect to the court, to simply proceed and not give them the satisfaction of knowing they have managed to irritate the bench? Perhaps those of you who sit in a judicial capacity would like to express a view? I can just picture the ridicule, press and twitter comment if a judge ‘lost it’ in court. It would be interesting to see the statute or criminal provision requiring defendants to say ‘Yes’ instead of ‘Yep!’ Perhaps it is buried away somewhere in our common law?
I could only find one Alun Jenkins QC on Google. Maybe this is not he of the story above? Maybe this is him? I think they are one and the same… yep…. pretty sure of that. But is it Recorder Jenkins? Justice…after all… must be seen to be done. Yep / Nah?
Inevitably, a response from Twitter…. @AlJahom has a point, of course.. whereas… I am on holiday… mea culpa
I am grateful to @TheFirmOnline for this gem…
Swearing man escapes fine
The BBC reports in 2001: “A man who was fined for swearing at police has been cleared after appeal judges ruled that he was using “the language of his generation”.
Kenneth Kinnaird, 43, of Baillieston, Glasgow, was charged with breach of the peace and resisting arrest after he told two police officers who stopped him to “f*** off”.
BREAKING NEWS: I have been advised by @loveandgarbage that the above “F**k off” case is not cut and dried. See para 5 of this law report (a very short judgment – admirable brevity!)
All day on BBC radio – and, I suspect, on the TV news – the BBC has been covering this story about a cloned bull from America getting into the food chain. Apparently, the Yanks are allowed to clone bull, but we, in Britain, despite our quite obvious expertise in matters of bull, are not allowed to do so so. 
Charon QC 