CRIMINAL cases normally heard at Kennet Magistrates Court in Devizes will be transferred to Andover in Hampshire from this Thursday, despite concerns from the Crown Prosecution and Probation Services.
Cases that might result in the offender being sent to prison could be sent to Andover because the custody facilities at Salisbury and Devizes courts have been condemned as sub-standard and in breach of the Human Rights Act.
Until now, custody cases have been sent to North Wilts Magistrates Court in Chippenham but people living in Marlborough, Tidworth and Ludgershall have been complaining that it is particularly difficult to get to Chippenham by public transport.
Where pre-sentence reports designed to take all options into account are being prepared, offenders will still have the choice of having their cases transferred to Chippenham. It has also been possible on at least one recent occasion to have the sentencing session heard in Swindon, a more accessible option for Marlborough people.
Kennet cases will be heard in one court at Andover each Thursday from next Thursday, July 11.
On Friday, officers of the South East Wiltshire Magistrates' Court met with officials of the Crown Prosecution Service, the Probation Service, the police and prisoner delivery service Premier to iron out possible problems that could be created by sending cases out of the county.
Guy Knell of the CPS was concerned that the extra distance could put an intolerable burden on his over-stretched staff and asked John Hope, divisional director of legal services, if he could guarantee that the new court in Andover would finish at 4.30pm at the latest. He said: "Our staff are highly dedicated professional people and are prepared to carry on until the case is finished. But this contravenes the directive on working hours."
But Mr Hope was unable to give assurances about finishing times because of a recent High Court ruling against having arbitrary cut-off times for cases.
Duty solicitors will not be on call at Andover as they are in Wiltshire courthouses and Paul Butler, duty solicitor administrator for the Salisbury and Kennet districts, said special arrangements would have to be made.
He said: "There won't be any duty solicitors in court but we will call the court the previous day and ask if there are any unrepresented attenders due.
"If someone sacks their solicitor at 11am, it will take at least an hour to get a duty solicitor there."
Mr Hope gave his assurance that the usual Thursday criminal court at Devizes will continue for the moment while the Andover arrangement is up and running, because there is already a regular youth court operating there on a Thursday.
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