Have you ever heard of one court case being interrupted by the start of another or a court session starting without all the necessary documents being available? Either would be a rarity, thanks to a myriad of support staff working tirelessly behind the scenes to contribute towards the smooth running of the judicial process.
Support staff roles within the courts are not limited to legal secretaries and paralegals. The court manager and clerk of court are two occupations that are integral to court life. Chris Harper works as court manager at Southwark crown court, on London's South Bank. He supervises 64 members of staff and is responsible for ensuring that 14 judges receive the service they require to try cases effectively. In order to perform his role, Harper works closely with other criminal justice agencies, such as the Crown Prosecution Service, the police force, the probation service and the defence solicitors. "I have to work together with these bodies to meet common objectives, such as ensuring that cases happen at the time they are listed," he explains. "It's important that we provide a level of service to the public that is irrespective of whether they are witnesses, jurors or defendants."
A typical day will see Harper ploughing through the inevitable flood of emails and liaising closely with the judiciary and in particular the resident judge to discuss the court's operation. Harper also oversees personnel and facilities management. "I have meetings to discuss accommodation problems and initiatives with my staff; Southwark court is a seven-storey building containing 14 courtrooms, three restaurants and 48 conference rooms," he says.
Much of Harper's experience has been gained on the job. "I have managed four courts, steadily gaining experience and demonstrating my ability to run a large court," he says. There are 12 crown courts in Greater London and numerous county courts and from April 2005, the 42 magistrates' courts committees (MCCs) in England and Wales will be combined with the Court Service, to form a new organisation called Her Majesty's Court Service.
Clerks, on the other hand, are traditionally viewed as court scribes, principally employed to take notes. However, Andrew Staples, a senior court clerk employed by the Hertfordshire MCC is a fully qualified solicitor, which is now a requirement for the role. "As magistrates, unlike judges, are not lawyers, they rely on having a lawyer in court who can give them impartial legal advice - this is the court clerk," says Staples. "Our main duties are to sit in court with the magistrates, who generally assemble as a bench of three, and provide them with immediate legal advice and conduct the court proceedings.
The clerk effectively controls who speaks and when, so the ability to be a confident public speaker is paramount." In a straightforward case, the clerk will confirm the defendant's details, read the charge, take pleas and explain procedural issues to the defendant, if, for example there is a question over whether the case should continue in the magistrates court or be committed to the crown court. "My role is to advise the magistrates on their sentencing options and the relevant higher court decisions and guidelines which should help them with their judgment," says Harper.
He is also expected to assist and advise defendants who aren't represented by solicitors, often because they are in court for relatively minor offences which would not make them eligible for legal representation. Staples admits that his job carries a huge amount of responsibility. "Clerks also carry out some judicial functions without magistrates - for example, adjourning cases and issuing warrants," he says. Qualifications are vital. "Newly recruited trainee court clerks have often just completed the LPC course for solicitors or the bar exams for barristers."
These particular roles fall within the remit of the court service, an executive agency of the Department for Constitutional Affairs whose stated aim is the delivery of justice. An admirable aspiration, and anyone who wants to lend a hand in its fulfilment should take a look at the jobs page of www.courtservice.gov.uk.