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Journalist's 'harrowing' time in the dock

With a charge for criminal damage hanging over his head, Robin Johnson hoped for mercy as he stood in the dock in the second part of his three day journey through the criminal justice system as part of Inside Justice Week.


For those who have never set foot in a court before, it can be an intimidating experience – which is not necessarily a bad thing, some would say, particularly if you are the defendant.

My court appearance came courtesy of the Crown Prosecution Service (CPS) and the court service and came hot on the heels of me having broken the law.

Behind me was a spell in the police cells after I was “arrested” for criminal damage.

Today, it was time to find out what punishment society felt fitted the crime, at Southern Derbyshire Magistrates’ Court in St Mary’s Gate in Derby.

Shortly after arriving at court, I was met by my defence solicitor, Andy Cash, from city-based Nelson’s Solicitors.

His main concern was that when I had been at the police station, I was offered the services of a duty solicitor, but turned it down.

Andy told me: “People, particularly like yourself who have never been in trouble before, often turn down such representation for that very reason.

“But it is vitally important you are represented right from the start, because without them you can fall foul of the law. And you have nothing to lose because the advice of the duty solicitor is free.”

Before I entered the courtroom, there was a strong possibly that I would be given community punishment, or unpaid work for the good of the community, as it is called now – before it is renamed Community Payback in November.

So, I was interviewed by Deanna Francis, a probation officer from Derbyshire Probation Service, who was based at court.

The probation service would oversee my community punishment and Deanna needed to find out certain things about me so they could compile what is known as a Fast Delivery Report.

They included whether or not I was fit enough to carry out such work, whether I had any drink or drugs issues and when I was available to do it.

Finally, it was time to enter the courtroom itself. I was led into Court 3 by the usher, Dyanne Anderson, directed to a row of seats at the side and told to take a seat.

Everyone except the magistrates was already there – Andy, my defence solicitor, Deanna, representing the probation service, Nigel Hallam, clerk to the justices for Southern Derbyshire – who in this scenario was the clerk of the court – and James Allen from the CPS, the solicitor who would be putting the case against me on behalf of the crown.

A red light flashed on Nigel’s desk to indicate that the magistrates were ready to enter the room.

“All stand,” said Nigel, as Audrey Winkler, chairman of the bench for Southern Derbyshire Magistrates’ Court, walked in, flanked by two of her colleagues.

“You may be seated ladies and gentlemen, all except you, Mr Johnson.”

I was asked to state my name, age and address and enter my plea – which was “guilty”.

James was then asked to give an outline of events and the case for the prosecution: “Madam, the defendant co-operated fully and while in police interview admitted the offence.

“He explained that he and his girlfriend got into an argument, he lost his temper and lashed out.

“He apologises for his actions and has talked of his remorse to police. The defendant is 30 years of age and has no previous convictions. He entered a guilty plea at the first available opportunity.

“I would like to make an order for compensation to cover the cost of repairs to the damaged vehicle, which is £300 and apply for prosecutions costs of £43.”

Then it was Andy’s turn to represent me – which was a thankless task considering the circumstances.

“This is a very straightforward case,” he said. “Although if Mr Johnson had asked for a solicitor shortly after his arrest I am sure this matter could have been sorted out by way of a caution.

“Can I suggest that the punishment take the form of financial penalty? My client has come to court today with necessary funds.

“However, I suspect you may want to deal with him in a different way and make an example of him.

“May I remind you that my client is a low-risk offender and you may be considering giving him a community penalty, which he is fully prepared to carry out.”

Deanna confirmed that there was no reason why I could not do such work and that I was available on Thursdays.

The bench retired, but, after only a few minutes, returned with their ruling. I was told to stand and Mrs Winkler peered over her glasses and addressed me.

“Mr Johnson, what you did was out of character, but nonetheless reckless,” she said.

“We therefore order that you should carry out 50 hours of unpaid work for the benefit of the community and pay a fine of £343 – £300 in compensation and £43 in costs.”

“Could we make that payable within 28 days?” said Andy. “Journalists are not paid very much so some time to pay would be appreciated.”

And that was that. Justice had been incredibly swift.

Throughout the hearing there had been nothing for me to do except stand there and take my punishment.

Although it was a mock trial, and the fact that I had been in court a few times before when reporting on cases, it was nevertheless a harrowing experience to be charged with such a crime and to be sentenced.

What really got me thinking was that as I left the courtroom, another usher came in, unaware that what had taken place had not been a real hearing – a testament to the authenticity provided by all those who took part.

“I should’ve guessed because you are wearing a suit,” she said when I told her why I was there.

“Most defendants do not come to court in a suit. That said, a lot of the drink-drivers do.”

Which, in itself, was a sobering thought.