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Chaos in the courts as justice system rushed to restore order Chaos in the courts as justice system rushed to restore order
(12 days later)
The phone rang at 2.30am on Wednesday 10 August. Alison Saunders, chief crown prosecutor for London, was woken by an urgent plea for an extra prosecutor. Security vans were queuing around the block at Highbury Corner magistrates court, waiting to deliver prisoners to already overcrowded cells.The phone rang at 2.30am on Wednesday 10 August. Alison Saunders, chief crown prosecutor for London, was woken by an urgent plea for an extra prosecutor. Security vans were queuing around the block at Highbury Corner magistrates court, waiting to deliver prisoners to already overcrowded cells.
She arrived 45 minutes later, having taken a minicab from her home in south-east London through eerily deserted streets. "In some ways it was quite an adrenaline buzz, [to be] woken in the middle of the night and you're straight out," Saunders says. "Equally, it's sort of frightening. You think: oh my god, I haven't been in a court for seven years. But it's a bit like riding a bike."She arrived 45 minutes later, having taken a minicab from her home in south-east London through eerily deserted streets. "In some ways it was quite an adrenaline buzz, [to be] woken in the middle of the night and you're straight out," Saunders says. "Equally, it's sort of frightening. You think: oh my god, I haven't been in a court for seven years. But it's a bit like riding a bike."
It is all but unheard of for a chief crown prosecutor to appear in court – particularly one as eminent as Saunders, who oversees nearly 200,000 cases a year and a budget of almost £100m. She admits some more junior prosecutors "were rather surprised when I rocked up".It is all but unheard of for a chief crown prosecutor to appear in court – particularly one as eminent as Saunders, who oversees nearly 200,000 cases a year and a budget of almost £100m. She admits some more junior prosecutors "were rather surprised when I rocked up".
Shortly afterwards, an even more senior prosecutor turned up. Keir Starmer, the director of public prosecutions, made the half-hour walk from his home unaccompanied, arriving at Highbury at 5am to see for himself how the night courts were operating. He had been due to head off on a family holiday. "I had anticipated driving to the airport that morning, and here I was walking down the road in a suit to go to court. It was odd," he says.Shortly afterwards, an even more senior prosecutor turned up. Keir Starmer, the director of public prosecutions, made the half-hour walk from his home unaccompanied, arriving at Highbury at 5am to see for himself how the night courts were operating. He had been due to head off on a family holiday. "I had anticipated driving to the airport that morning, and here I was walking down the road in a suit to go to court. It was odd," he says.
The riots of August 2011 presented England's criminal justice system with arguably its greatest ever challenge. More than 1,700 people, many of them first-time offenders facing serious charges, appeared in court in the space of a month. Lawyers worked for up to 36 hours non-stop. In London, Manchester, Birmingham and Solihull, courts sat through the night and on Sundays to cope with the influx. The endurance of the judiciary, prosecutors and defence lawyers; the capacity of cells and the prisoner escort service; the resourcefulness of court staff; even knowledge of the law: all were tested as never before.The riots of August 2011 presented England's criminal justice system with arguably its greatest ever challenge. More than 1,700 people, many of them first-time offenders facing serious charges, appeared in court in the space of a month. Lawyers worked for up to 36 hours non-stop. In London, Manchester, Birmingham and Solihull, courts sat through the night and on Sundays to cope with the influx. The endurance of the judiciary, prosecutors and defence lawyers; the capacity of cells and the prisoner escort service; the resourcefulness of court staff; even knowledge of the law: all were tested as never before.
Many of the 65 lawyers interviewed for the Reading the Riots project said they relished the excitement and the break in routine. "I've never experienced a night like it," recalled a defence lawyer who dealt with 15 cases overnight when trouble flared in Peckham, south London. "It was history in the making."Many of the 65 lawyers interviewed for the Reading the Riots project said they relished the excitement and the break in routine. "I've never experienced a night like it," recalled a defence lawyer who dealt with 15 cases overnight when trouble flared in Peckham, south London. "It was history in the making."
One prosecution barrister who began her shift at Westminster magistrates court at 4am found a "carnival" atmosphere. "Some of the defence [lawyers] had been there nearly 24 hours and were going slightly delirious." The mood in court was electric, she said: the spirit of the blitz was evoked, with sleep-deprived prosecution and defence lawyers sharing food and mobile phone batteries in the small hours. "There was a real kind of team spirit between everyone. We were going out to try to get coffees for each other."One prosecution barrister who began her shift at Westminster magistrates court at 4am found a "carnival" atmosphere. "Some of the defence [lawyers] had been there nearly 24 hours and were going slightly delirious." The mood in court was electric, she said: the spirit of the blitz was evoked, with sleep-deprived prosecution and defence lawyers sharing food and mobile phone batteries in the small hours. "There was a real kind of team spirit between everyone. We were going out to try to get coffees for each other."
The police and Crown Prosecution Service bore the immediate brunt of processing the large number of detainees. After watching the disturbances spread from Tottenham to other areas of the capital over the weekend, Saunders had texted a senior Met police contact at 6am on Monday to co-ordinate their response. She recalls preparing for a tsunami of police requests for advice on what charges individuals should face. Saunders's deputy, David Robinson, described the record number of cases as "a huge pulse, a wave – as if you had flicked a skipping rope".The police and Crown Prosecution Service bore the immediate brunt of processing the large number of detainees. After watching the disturbances spread from Tottenham to other areas of the capital over the weekend, Saunders had texted a senior Met police contact at 6am on Monday to co-ordinate their response. She recalls preparing for a tsunami of police requests for advice on what charges individuals should face. Saunders's deputy, David Robinson, described the record number of cases as "a huge pulse, a wave – as if you had flicked a skipping rope".
Within two days of trouble flaring, Saunders says, it was clear the Crown Prosecution Service would need to play its part in restoring order to the streets. "It felt as though [the disorder] was beginning to get out of control, that somehow it couldn't stop. The speedy criminal justice response played a part in people waking up and breaking that sort of cycle." Later that week, Saunders attended her first meeting with officials from Cobra, the government's emergency committee.Within two days of trouble flaring, Saunders says, it was clear the Crown Prosecution Service would need to play its part in restoring order to the streets. "It felt as though [the disorder] was beginning to get out of control, that somehow it couldn't stop. The speedy criminal justice response played a part in people waking up and breaking that sort of cycle." Later that week, Saunders attended her first meeting with officials from Cobra, the government's emergency committee.
Unlike for a major football match or other public order flashpoints, there was no advance planning. A prosecutor in north London who dealt with nothing but riot cases in the crown court for three months said: "Let's be clear, we could have failed. It's not like the Olympics, we know they are happening. Nobody knew this was coming."Unlike for a major football match or other public order flashpoints, there was no advance planning. A prosecutor in north London who dealt with nothing but riot cases in the crown court for three months said: "Let's be clear, we could have failed. It's not like the Olympics, we know they are happening. Nobody knew this was coming."
Starmer's diary records a flurry of activity: phone calls with the Met's acting commissioner, Tim Godwin, the attorney general, Dominic Grieve, and Lord Justice Goldring, the senior presiding judge responsible for liaising between the judiciary, courts and government departments. Meetings were hastily convened to arrange the CPS's response, and before the week was out a special unit had been set up to deal exclusively with riot cases. "It was very important when you're under that sort of scrutiny to make sure you are performing to the best of your abilities," Starmer says. "It would have been very visible had a problem occurred."Starmer's diary records a flurry of activity: phone calls with the Met's acting commissioner, Tim Godwin, the attorney general, Dominic Grieve, and Lord Justice Goldring, the senior presiding judge responsible for liaising between the judiciary, courts and government departments. Meetings were hastily convened to arrange the CPS's response, and before the week was out a special unit had been set up to deal exclusively with riot cases. "It was very important when you're under that sort of scrutiny to make sure you are performing to the best of your abilities," Starmer says. "It would have been very visible had a problem occurred."
Prosecutors interviewed by Reading the Riots spoke of their pride in the way the CPS and the courts had risen to the challenge, but many defence lawyers told a different story. They spoke of justice and due process being sacrificed for expediency as the first wave of riot cases hit.Prosecutors interviewed by Reading the Riots spoke of their pride in the way the CPS and the courts had risen to the challenge, but many defence lawyers told a different story. They spoke of justice and due process being sacrificed for expediency as the first wave of riot cases hit.
In the rush to process cases, they claimed, children and other vulnerable people were not looked after properly, as "panicking" judges remanded defendants in custody on the basis of scant or non-existent evidence. A 66-year-old defence solicitor said: "The judges froze in the headlights like frightened rabbits, and refused to consider the individual cases that came before them because they were paralysed with fear."In the rush to process cases, they claimed, children and other vulnerable people were not looked after properly, as "panicking" judges remanded defendants in custody on the basis of scant or non-existent evidence. A 66-year-old defence solicitor said: "The judges froze in the headlights like frightened rabbits, and refused to consider the individual cases that came before them because they were paralysed with fear."
Some lawyers who attended the unprecedented night sittings described them as kangaroo courts, dispensing "conveyor-belt justice". They described tired and frightened children being brought into court in the middle of the night, having been held in police cells for up to 48 hours.Some lawyers who attended the unprecedented night sittings described them as kangaroo courts, dispensing "conveyor-belt justice". They described tired and frightened children being brought into court in the middle of the night, having been held in police cells for up to 48 hours.
"They were bringing 13-, 14-, 15-year-olds into court at two or three o'clock in the morning," said a 27-year-old solicitor who represented children at a night court. "I was really annoyed. How are they meant to understand what I'm saying and understand what they have to do, understand what the evidence was and what was going to happen to them?""They were bringing 13-, 14-, 15-year-olds into court at two or three o'clock in the morning," said a 27-year-old solicitor who represented children at a night court. "I was really annoyed. How are they meant to understand what I'm saying and understand what they have to do, understand what the evidence was and what was going to happen to them?"
She said conditions at the night court were difficult for everyone, including parents who turned up to support their children. "There [was] no food, nothing. [Parents] had no way of getting there if they didn't have transport. They were trying to look after their children. No food provided, no drinks provided. It was a mess. I've never seen anything like it. And down in the cells it was filthy, absolutely disgusting."She said conditions at the night court were difficult for everyone, including parents who turned up to support their children. "There [was] no food, nothing. [Parents] had no way of getting there if they didn't have transport. They were trying to look after their children. No food provided, no drinks provided. It was a mess. I've never seen anything like it. And down in the cells it was filthy, absolutely disgusting."
One lawyer from a well-known London firm said he had to give a 14-year-old boy a lift home from court in a taxi after he was bailed at 4am. "There wasn't any parent there. I took him home after the hearing in the middle of the night because I was concerned." The boy had been arrested for saying "fuck the police" within earshot of officers. He later pleaded guilty and was given a non-custodial sentence.One lawyer from a well-known London firm said he had to give a 14-year-old boy a lift home from court in a taxi after he was bailed at 4am. "There wasn't any parent there. I took him home after the hearing in the middle of the night because I was concerned." The boy had been arrested for saying "fuck the police" within earshot of officers. He later pleaded guilty and was given a non-custodial sentence.
The research highlighted complaints about the role of the media: not only the impact of press demands for harsh punishment, but their heavy presence in court. One advocate who appeared at Highbury magistrates court during the night said journalists were physically obstructive, blocking his path to demand information and trying to read confidential papers over lawyers' shoulders. Another recalled a prosecutor who was "so busy chatting to all the journalists that you couldn't actually talk to her before the hearing" to discuss a client's case.The research highlighted complaints about the role of the media: not only the impact of press demands for harsh punishment, but their heavy presence in court. One advocate who appeared at Highbury magistrates court during the night said journalists were physically obstructive, blocking his path to demand information and trying to read confidential papers over lawyers' shoulders. Another recalled a prosecutor who was "so busy chatting to all the journalists that you couldn't actually talk to her before the hearing" to discuss a client's case.
At times, safety and decency went by the board, defence lawyers claimed. A three-years-qualified solicitor at one of the biggest defence firms in the country, who worked through the night at Westminster magistrates court, saw children put in cells with adult prisoners who were protesting loudly about the length of time they were being held.At times, safety and decency went by the board, defence lawyers claimed. A three-years-qualified solicitor at one of the biggest defence firms in the country, who worked through the night at Westminster magistrates court, saw children put in cells with adult prisoners who were protesting loudly about the length of time they were being held.
"The [court] floor was vibrating because [the prisoners] were all banging, banging, banging. There were children down there [in the cells]. Fine if they're 19 years old, but when there are 13-, 14-year-olds down there … they couldn't sleep. People waiting outside in trucks, waiting to get in. [Some were] defecating into plastic bags, [and had] nothing to eat, nothing to drink. They can't sleep because they're sat in prison vans.""The [court] floor was vibrating because [the prisoners] were all banging, banging, banging. There were children down there [in the cells]. Fine if they're 19 years old, but when there are 13-, 14-year-olds down there … they couldn't sleep. People waiting outside in trucks, waiting to get in. [Some were] defecating into plastic bags, [and had] nothing to eat, nothing to drink. They can't sleep because they're sat in prison vans."
There had been similarly chaotic scenes at Highbury the previous night: prisoners crammed three to a cell with no toilet facilities, according to one advocate. "People who had been spending a lot of time in the back of vans [were] then put in cells with a set number of jailers, who were not able to offer them facilities appropriate for their dignity. I didn't see anybody soil themselves, but I did see several people very uncomfortable."There had been similarly chaotic scenes at Highbury the previous night: prisoners crammed three to a cell with no toilet facilities, according to one advocate. "People who had been spending a lot of time in the back of vans [were] then put in cells with a set number of jailers, who were not able to offer them facilities appropriate for their dignity. I didn't see anybody soil themselves, but I did see several people very uncomfortable."
In the chaos, he said, court jailers lost control of which prisoners were in which cells. "I didn't know if a murderer had been brought in as well as the others. You don't know if you've got someone who is psychiatrically ill with severe warnings for self-harm. It has real implications, not knowing who is in the small detained area. The bells often don't work, so it was a recipe for something very seriously going awry." Order was only restored to the system after two defence lawyers went cell to cell doing a roll call of prisoners.In the chaos, he said, court jailers lost control of which prisoners were in which cells. "I didn't know if a murderer had been brought in as well as the others. You don't know if you've got someone who is psychiatrically ill with severe warnings for self-harm. It has real implications, not knowing who is in the small detained area. The bells often don't work, so it was a recipe for something very seriously going awry." Order was only restored to the system after two defence lawyers went cell to cell doing a roll call of prisoners.
Many defence lawyers talked about what they saw as a ban on bail for anyone charged in connection with the riots. "I think there was a blanket decision made in court before the first case was ever heard," said a Manchester-based lawyer. A lawyer in Birmingham talked about "an invisible hand at work". As a result, they claimed, those who had played only a minor role in the looting – picking up items dropped by others, for example – ended up in custody regardless of the impact on their children, work or education.Many defence lawyers talked about what they saw as a ban on bail for anyone charged in connection with the riots. "I think there was a blanket decision made in court before the first case was ever heard," said a Manchester-based lawyer. A lawyer in Birmingham talked about "an invisible hand at work". As a result, they claimed, those who had played only a minor role in the looting – picking up items dropped by others, for example – ended up in custody regardless of the impact on their children, work or education.
One 35-year-old solicitor said: "Remand [in custody] was used as a sword, as opposed to a shield." Another, whose firm acted for several youths arrested in Hackney, said: "[Judges] just said: 'Bollocks to it. We'll throw them all inside and deal with them later.'"One 35-year-old solicitor said: "Remand [in custody] was used as a sword, as opposed to a shield." Another, whose firm acted for several youths arrested in Hackney, said: "[Judges] just said: 'Bollocks to it. We'll throw them all inside and deal with them later.'"
Young people who lived with their parents and had never been out of their borough were denied bail on the basis that they were flight risks. "I spoke to a couple of judges and said: 'Look, madam, these chaps have never left Hackney. Where would they go? They don't know anyone. The entire family is in Hackney. If the police want to nick them again, they can just go round to the house,'" recalled a defence lawyer who previously worked as a prosecutor.Young people who lived with their parents and had never been out of their borough were denied bail on the basis that they were flight risks. "I spoke to a couple of judges and said: 'Look, madam, these chaps have never left Hackney. Where would they go? They don't know anyone. The entire family is in Hackney. If the police want to nick them again, they can just go round to the house,'" recalled a defence lawyer who previously worked as a prosecutor.
Starmer denies there was any instruction to prosecutors to oppose bail in every case. He accepts it is "really important that we take seriously" whether bail was overused, but says exceptionally high levels of custodial remand were justified while the disorder was continuing. "You'd be releasing people back into the communities where all the intelligence was, and it's why we were co-ordinating with the police – we were expecting more disorder."Starmer denies there was any instruction to prosecutors to oppose bail in every case. He accepts it is "really important that we take seriously" whether bail was overused, but says exceptionally high levels of custodial remand were justified while the disorder was continuing. "You'd be releasing people back into the communities where all the intelligence was, and it's why we were co-ordinating with the police – we were expecting more disorder."
One London prosecutor described seeing from her bedroom window what looked like "army trucks, with big metal sheeting on the sides of them," gathering at Elephant and Castle. "It's very easy for people to say [custodial remand was overused] if they weren't at court three weeks after Croydon was burning. I think it would have been very, very difficult not to have the fear that it could spark up again."One London prosecutor described seeing from her bedroom window what looked like "army trucks, with big metal sheeting on the sides of them," gathering at Elephant and Castle. "It's very easy for people to say [custodial remand was overused] if they weren't at court three weeks after Croydon was burning. I think it would have been very, very difficult not to have the fear that it could spark up again."
Many prosecutors pointed out that once it was clear the danger of more riots had passed, objections to bail were dropped in many cases and defendants were released pending trial. But a few shared defence concerns that normal safeguards had been ignored because of media and government pressure. One senior prosecutor said: "I think there was a sense of panic. Sometimes people weren't looking at the evidence, they were getting through the cases."Many prosecutors pointed out that once it was clear the danger of more riots had passed, objections to bail were dropped in many cases and defendants were released pending trial. But a few shared defence concerns that normal safeguards had been ignored because of media and government pressure. One senior prosecutor said: "I think there was a sense of panic. Sometimes people weren't looking at the evidence, they were getting through the cases."
The judiciary did not co-operate with the research, but one judge who agreed to be interviewed disputed that judicial independence had been compromised or that judges caved in to prosecution demands. "I can remember one or two in particular where there was no evidence at all against the defendant – the prosecutor couldn't point to anything other than he was there or thereabouts – and I bailed him.The judiciary did not co-operate with the research, but one judge who agreed to be interviewed disputed that judicial independence had been compromised or that judges caved in to prosecution demands. "I can remember one or two in particular where there was no evidence at all against the defendant – the prosecutor couldn't point to anything other than he was there or thereabouts – and I bailed him.
"The idea that nobody was bailed is not true," he said. "It's right to say a high proportion were remanded, but that's because of the nature of the offending. If I had a list of, say, 30 rapists, I would expect more of those to be remanded in custody than a normal [court] list. [The defendants] were all considered on merit.""The idea that nobody was bailed is not true," he said. "It's right to say a high proportion were remanded, but that's because of the nature of the offending. If I had a list of, say, 30 rapists, I would expect more of those to be remanded in custody than a normal [court] list. [The defendants] were all considered on merit."
Lawyers on all sides were struck by seeing so many people in court who had never been in trouble before. A few prosecutors admitted to having the odd "there but for the grace of God" moments. One said: "There was one family – mother was a primary school teacher, dad very nice, kids very nice. Dad went out with his two kids, covered his face up, and now police are at the door. Mother's like: 'Yes, they did it,' straight away, as a decent person would. She said: 'I haven't slept a wink. I'm actually glad you're here, because we can't sleep.' And you do think: there's a fine line between you and me."Lawyers on all sides were struck by seeing so many people in court who had never been in trouble before. A few prosecutors admitted to having the odd "there but for the grace of God" moments. One said: "There was one family – mother was a primary school teacher, dad very nice, kids very nice. Dad went out with his two kids, covered his face up, and now police are at the door. Mother's like: 'Yes, they did it,' straight away, as a decent person would. She said: 'I haven't slept a wink. I'm actually glad you're here, because we can't sleep.' And you do think: there's a fine line between you and me."
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