The Mudcat Café TM
Thread #50524   Message #773546
Posted By: HuwG
29-Aug-02 - 08:57 AM
Thread Name: BS: lawyer jokes
Subject: RE: BS: lawyer jokes
Apparently a true story:

In Britain (England and Wales, anyway; the Scottish legal system is different) the vast majority of trivial offences are tried in magistrates courts, rather than Crown courts before a judge (and jury, sometimes). Magistrates are supposed to be prominent, upright citizens. Three normally sit in a court, assisted by a lawyer known as the "Clerk of the Court", who advises the magistrates on points of law, but doesn't interfere with their discussion on the evidence.

It used to be a rather true caricature of a magistrates bench that they were made up of a Lieutenant-Colonel (retired), a local shopkeeper or small businessman (ineffectual), and a housewife (easily swayed by the other two); in short a deep-dyed Conservative bench. No doubt this has not been true for many years. (I have very little direct knowledge of magistrates courts. I plead guilty to speeding offences by post, and I was due to appear as a witness once, but the defendant cheated me of my big moment by changing his plea to "guilty").

However, one rather unworldly magistrates bench in North Yorkshire in 1960-something was confronted with someone charged with the very serious offence of "buggery". The procedure for serious crimes is that the magistrates remand the accused into custody or bail, and commit him (not her, in this case) for trial at a Crown Court at some later date. Unfortunately, nobody on this particular bench, not even the retired Colonel, had heard of "buggery". Without consulting the Clerk, their Worships decided that the charge was actually "burglary" spelled wrong on the charge sheet. They pronounced, "As this is your first offence of this type, you will pay a fine of thirty shillings", or something equally trifling.

The rather stunned offender left court past the goggling ranks of reporters, public and police and kept going, very fast indeed once outside the building. The mistake wasn't pointed out to the bench until the housewife (who was married to a General Practitioner [=Doctor]), asked whether there was such as thing as buggery, and was told in graphic detail all about it. Unfortunately, "double jeopardy" prevented that bench from rectifying matters.

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Another magistrates court story, which has been claimed by courts all over the country as its place of origin, and is probably urban myth anyway. The place is Newcastle-upon-Tyne or Gateshead, and the first offender of the day is a merchant seaman of German origin, charged with being drunk and disorderly. It quickly becomes clear that the defendant speaks no English; and neither the prosecution nor the defence have brought an interpreter. The Chief Magistrate suggests adjourning the case until one can be found, at which point a Geordie likely lad in the public gallery, waiting for the next case, says, "Had on man ! I can speak German, aye." "You can ?" "Why aye, man, I was putting up scaffolding in Dortmund for three years". "Splendid ! Swear the young man in as interpreter, and we will proceed". The young man takes the oath, and the usher says, "Will you ask the defendant his name ?". "Aye, man", says Geordie. He approaches the dock, screws his face up and shouts, "VOT ISS YOUR NAME ?".

I believe that he got six months.

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Note: the offence of "buggery" has been replaced in England and Wales by that of "homosexual rape".