James Morton, The Law Society Gazette Journalist Profile

Articles

Nothing to report on sentencing?

1 month ago | lawgazette.co.uk | James Morton

The Sentencing Council recently raised hackles over its apparent proposals that all except middle-aged, middle-class white Englishmen should have a pre-sentence report made before they are put on probation. In theory, very good, but when I practised I found that those the council now thinks need special attention received this without the obligation imposed on the court. Women in particular were often regarded as victims. By the way, was this proposed report to be required for returning customers?
James Morton: Writing wrongs - top scribe tips

1 month ago | lawgazette.co.uk | James Morton

Once I became editor of a legal magazine I quickly learned some lessons about writing. Here are a few thoughts about submissions. First, even if you think you can do better, you are wasting everybody’s time suggesting you should replace a house regular. Second, choose a subject about which you have more than just a working knowledge. Certainly, if you have a specialist knowledge of butterflies, don’t suggest an article on ice hockey.
Exceptions to the cab rank rule

2 months ago | lawgazette.co.uk | James Morton

I see Lord Wolfson trotted out that perennial pride of the Bar ‘the cab rank rule’ in his Policy Exchange speech. In 25 years of practice, I never met a clerk who, if he or his master did not want a case, could not evade it. Whether it was simply requiring an exorbitant fee on the brief – I know of one 1980s case where £800 was demanded for a half-day paper committal with a submission – or lame excuses: ‘Mr Smith has (unexpectedly) gone part-heard in Nottingham’.
On course to find your feet

2 months ago | lawgazette.co.uk | James Morton

In the 1960s young solicitors who wanted to do a bit of advocacy were thrown in at the deep end. You learned on your feet and hoped not to make too many mistakes, like asking Flying Squad detectives questions such as: ‘My client is a man of good character?’. The answer could well be ‘No, sir. He mixes with thieves and prostitutes’. The correct phrasing was: ‘He has no convictions?’. And, when examining an officer’s notebook: ‘When did you make this up?’. Much safer to say ‘When did you compile this?’.
Settling down at the fledgling CPS

Mar 2, 2025 | lawgazette.co.uk | James Morton

After a few weeks in the same court, teething problems were overcome at the new Crown Prosecution Service. At first, files had gone missing with regularity, with staff and the police blaming each other. In one case, a s21 OAPA had no medical evidence and, despite a deal of red ink being spilled and the man in custody, I was instructed to take a plea to common assault.
Matron! Cases for the prosecution

Feb 19, 2025 | lawgazette.co.uk | James Morton

My first day acting as an agent for the newly formed Crown Prosecution Service did not begin well. Most of my time had been spent in courts with the dock behind the advocates, but this one was on the wall to the magistrates’ left. I placed myself next to it, incurring the wrath of the locals. I soon moved. Then, after the first three cases, the clerk handed me a note: ‘Isn’t it usual to ask for costs?’ He was a talented close-up magician and, if the morning list ended early, would do tricks.
Liberties at stake in rush for justice

Jan 22, 2025 | lawgazette.co.uk | James Morton

Every few years the press unleashes a symbolic crusade on us – incest, prohibition, Dunblane, Black Lives Matter, #MeToo – in which moral entrepreneurs campaign ostensibly over one thing but use it to promote hidden intentions. At the moment, there is the sniff of a moral crusade both in the early release of prisoners and speeding up justice. Magistrates are to be allowed to sentence miscreants to 12 months.
Crimes changing with the seasons

Nov 19, 2024 | lawgazette.co.uk | James Morton

It is interesting how crime has changed. My clients more or less followed the probabilistic predictions of Belgian statistician Adolphe Quetelet: January and February were for burglary. This was so serious that bail was difficult to obtain – burglary is hardly a crime today. In the summer months they left London for seaside resorts, later Spain, for a spot of hotel theft, while in October came the hijack season for lorry loads of spirits and cigarettes. Also, there was more shoplifting to order.
Emergency services seek social media alternatives as X exodus gathers pace - Emergency Services Times

Nov 7, 2024 | emergencyservicestimes.com | Catherine Levin |James Morton

Many emergency services are rejecting social media platform X as the site’s controversial presence drives services to look at alternative ways to communicate with the public for warning, informing and community engagement. Police forces, fire services and ambulance services have all begun to scale back their use of X, formally Twitter, with some choosing to ditch the platform completely.
First lady jurors and a boxer who sued over enticement of his son

Nov 6, 2024 | thetimes.com | James Morton

It was not until after the Sex Disqualification (Removal) Act 1919 that women were allowed to sit on juries. At first, however, female jurors were treated as exotic flowers with the judge offering to excuse them if the case might offend their modesty. It was another two years, on January 11, 1921, before the first female jurors were called to sit at the Old Bailey. The press turned up in force and they reported that when a juror named Jesse was called there was an expectant air in court.