Rules Regarding Behaviour Whilst In Magistrates Court Uk?

[seanrj94]

Hi,

I am trying to ascertain if there is any form of official rules/guidelines/laws which explain or set out how to behave in the Magistrate's court. I know there are plenty of informal advice pages, relating to things such as how to compose yourself in terms of physical appearance and body language. However, I'm yet to find anything concrete? Or is it as plain and simple as there are none except for the laws around contempt? Feeling very frustrated as I am either not searching sufficiently or I am not seeing something obvious. Thank you!

[andy-hughes]

I think, if you follow common sense and respect, you will be within the rules.

If you transgress any rules of the court, His or Her Honour will advise you pretty promptly, you can be assured of that!!

[seanrj94]

I thought the same too prior to viewing some cases myself. Certain incidents of behaviour such as;
- Being able to hear the people waiting outside the courtroom to around the same volume as the magistrates themselves (to which there was no apparent or obvious reaction other than a few petty "shhh" which certainly didn't work effectively)
- A man coming in and sitting next to me and on 4 separate occasions trying to talk to me during the case (to which again, was only asked to hush - twice by the usher). Much of what he was saying too was very offensive.
- Another solicitor, waiting for their case next, sat on his ipad playing an app game which I couldn't identify. (potential that nobody else saw, but that would suggest they can freely use ipads/phones ect during cases?)

Other than the second example, which I felt had the potential for classification of contempt, are these behaviors that are merely frowned upon and have no real offence/punishment attached to it?

I'm conducting a research paper just to add. Thanks again!

[andy-hughes]

If someone is bothering you - in any way - you are within your rights to attract attention from the usher or clerk of the court, and tell them - it would be pretty swiftly dealt with!

[New Judge]

His or Her Worship (or Sir/Madam if being addressed by a Barrister), Andy. No such exalted titles for Magistrates !!! :-)

There are no written rules, sean. All people in the court should conduct themselves so as to preserve the dignity of the court. This includes (among many other things) standing when speaking or being addressed (unless allowed to do otherwise), no hats (unless for religious or medical reasons and only then by agreement), no chewing, no hands in pockets, no interrupting. The ultimate arbitrators of what is and is not acceptable are the Magistrates (or District Judge if the court is presided over by one).

[andy-hughes]

Thanks NJ.

I had a motor accident claim heard by a magistrate, and my council instructed me to address him with 'Sir' at the beginning and the end of each sentence.

Something I had no problem grasping, but the opponent, a National Express Bus driver seemed not to be able to remember it, much to the magistrate's obvious chagrin!

[seanrj94]

Thank you both! New Judge, you wouldn't happen to know if there anywhere which officially states these expected norms of behaviour you listed? (other than advisory websites and blogs). Or is it more of a moral/social obligation to know and accept this without being told?

[New Judge]

No, nothing is defined in specific terms, sean.

Many things in law are not tightly specified. For example, “Dangerous Driving” has no specific practices mentioned. All the law says is “A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.” “Dangerously is not defined and it is left to the courts to decide what is dangerous and what is not.

So it is with court behaviour. The main offence if misbehaviour occurs is contempt of court. It would be for the court to decide what is contempt and what is not. Usually, however, a person would not be charged without due warning about his behaviour and only if it persists would charges be considered.

[Peter Pedant]

Sean I think you mus thave had a bad day in court

as with a lot of places ( pubs churches ) there are rules but are un-written. you could even drag in the rules are influenced by the genius loci ( spirit of the place )
I am not sure if contempt of court rules are rules o of behaviour nor even define the allowable boundaries

They a re mainly keep quiet - dont disrupt proceedings and call the fella in the dress, "Sir"

In my case (DUI) there was just the bench. prosecution, and hacks of course noting down every word.

Bear in mind that the people concerned ( defendant ) may be able to filter out quite loud extraneous noises off as he has one thing in mind - will I be found guilty ?