For many people, the perception of the running of a court of law is principally derived from media representations, ranging from Rumpole of the Bailey to Kavanagh QC. These dramatic re-creations of daily life in court usually centre on the key roles of judges and barristers. However, a whole range of staff ensures that a court runs smoothly and, while they may not occupy centre stage, their presence is an essential part of court life, without whom the show could arguably not go on.
For the past seven years Sue Gadd has been deputy clerk to the Justices for North and East Hertfordshire magistrates court. "The really great aspect of this job is the variety involved," she says. This past week, I spent a whole day delivering a diversity awareness programme to over 40 magistrates in the county, followed by three days interviewing for new staff members, then ended the week in court."
Her role as clerk also entails advising magistrates on procedure. Because the court deals primarily with criminal law, disputes range from minor traffic offences all the way through to murder or rape, so magistrates can need guidance on how to handle the technical and administrative side of the less common cases.
Then there are the cases that start out on a relatively straightforward footing but become very complex, very quickly. "The nature of the advice you provide for the magistrate will change so excellent communication skills are vital," says Gadd. "A clerk must be sure that everyone from the defendant to the judge understands what has happened and why, so you are perpetually converting complex legal terminology into everyday speech."
Gadd is also constantly solving problems. "Sometimes a situation arises whereby magistrates have a number of different choices to follow in order to resolve a case; I have to remain calm while researching each possibility in order to find the most appropriate avenue." Usually the court papers are available for the clerk the day before, but advance preparation isn't always possible. "If there is going to be a legal argument, the ideal scenario is for us to be alerted beforehand and good solicitors will do this.
"However sometimes they leave it to the last minute, so what you thought was going to be an unambiguous case becomes more intricate," explains Gadd. "Even then, a court list only provides some insight into a case because ultimately you don't know what people are going to do or say once they're in court. I may know that I have to advise magistrates on an assault action, for example, but until I hear the details, I cannot put it into context."
So what qualifications are necessary to perform a clerk's role? Gadd herself is a barrister. "Most clerks within the legal advice team are either solicitors or barristers," she says. "Any new recruits have to be professionally qualified." The law is constantly evolving so it is imperative that court staff hear about and fully understand all changes. Gadd spends much of her time keeping herself and the rest of the team up-to-date with changes in the law and aware of legislative upheavals in the pipeline.
"Changes in law can have a knock-on effect on our procedures and workloads and we are kept informed via circulars from the Home Office and the Department for Constitutional Affairs." Once again communication is key, otherwise difficulties occur. "It's much worse having to sort something out that has gone wrong and one of the hardest parts of the position is keeping up with the sheer volume of new legislation."
One example of a significant adjustment to the law in recent years was the passing of the Human Rights Act (1998). "We spent a long time ensuring that clerks were trained in human rights law and I think that was a real success because afterwards, all the clerks were confident about advising on the content," says Gadd. "Another good sign is that we have not had a huge number of appeals to the high court."
Gadd is currently preparing training for the forthcoming Criminal Justice Act. "We will be starting a thorough programme at the end of this year and we will be trained by the judicial studies board on the details." Gadd will then train clerks and magistrates to ensure that they are au fait with every detail of the new laws.
An ability to remain unruffled is an important part of the job. Gadd has come across her fair share of bizarre cases, but always remains unperturbed. "You could be walking into court and suddenly be faced with sniffer dogs and armed police, because the case involves a high- profile murder," she says.
"An essential skill for a clerk is being able to sit through that, while keeping a steady manner and treating the person in court in the same way that you would anyone else."
And what does Gadd herself get from what seems to be some pretty tireless work behind the scenes? "My job satisfaction derives from seeing new magistrates who have no legal training emerge from the tuition we provide, fully confident at the prospect of being able to sit in court and contribute to discussions with the rest of the bench."
Behind the scenes she may be, but her input into the judicial process is clearly more of a lead role than the billing might suggest.