Walsall criminal to spend Christmas in prison after defending himself and forgetting to fill out his own bail application
A prisoner from Walsall determined to represent himself at Wolverhampton Crown Court will be spending Christmas behind bars after not researching his own crime's sentencing guidelines and taking a novel approach to applying for bail.
Anthony Herbert, of Woodbridge Crescent, Shelfield in Walsall, appeared by video link from HMP Birmingham at Wolverhampton Crown Court this week and was determined to be a legal eagle despite being told to get representation at his last hearing.
This week the 48-year-old told Recorder William Douglas-Jones he "just wanted to get on with it" and be sentenced for several offences he committed during a week to forget in October 2023, which started with injuring a man whilst driving his Audi dangerously whilst disqualified and ended with being charged with possessing a blade in public after brandishing a knife to police officers who arrested him at home.
However, in the interest of fairness Recorder Douglas-Jones did not want Herbert to be sentenced without representation or being in court in person so he could read papers relating to his case.
The recorder said: "The last time you were in court you were told by Judge Talog-Davies to get legal representation. Did you try?"
Herbert responded: "I spoke to one firm and they wanted £4,000 to represent me so I tried Ben Shepherd Solicitors in Walsall but they said he was too busy."
Recorder Douglas-Jones asked: "When did you contact Mr Shepherd?" Herbert responded: "The wife rang them yesterday and they said they were too busy to represent me today and I should represent myself."
Herbert then asked the recorder: "Have you any idea how long I am looking at?'
After Herbert admitted not reading the sentencing guidelines to his own crimes Recorder Douglas-Jones refused to tell him as "I am not here to give defendants legal advice".
He said: "I have to ensure the process is just and fair and even though the defendant is urging me to sentence him today, if he is going to represent himself then he needs to be in court in person.
"He needs access to papers on the day."
Prosecutor Samuel Leach said: "I agree he should be at the sentencing in person and I will ensure he has access to the papers regarding the case at the hearing."
Recorder Douglas-Jones told Herbert: "You are being sentenced for a serious crime and I am adjourning this case until you either get representation or can be here in person."
On October 13, 2023, Herbert was driving a silver Audi estate dangerously whilst disqualified and without a valid licence. He crashed and seriously injured a man on Green Lane, Walsall.
He was also arrested for stealing ladders from a van in Walsall and when police officers turned up to his home on October 18 they were greeted by Herbert brandishing a long knife which led to a charge of possessing a blade in a public place.
Herbert broke his bail conditions and was remanded in custody in May this year, which is why he is currently in prison.
Herbert was offered a date of December 19 or January 13 for the next hearing. Changing his tune, he said: "I want January 13 so I can get representation before then."
Normally a solicitor or barrister will draft a bail application before the hearing and include conditions the defendant is willing to adhere to, including where they will sleep, and will share this with the prosecution and judge before the hearing. They also will have the defendant's travel documents including their passport ready to hand over to ensure they cannot leave the country.
However, Herbert had a more simple approach.
He shouted across the video link: "What about bail?"
Recorder Douglas-Jones said: "No, I am not going to entertain a bail application. January 13 will be the last time you will have the chance to be properly represented for your sentencing.
"It is in your interests to have someone who understands how the legal system works and use their knowledge and expertise to help you."
More people are opting to defend themselves despite the old maxim "a man who defends himself has a fool for a client" due to the dwindling amount of people who can qualify for legal aid and rising of legal representation. In 1986, 72 per cent of people in the UK qualified for legal aid but now less than 27 per cent can get help funding their legal defence.
As pressure rises to speed up cases to help cut the massive backlog in court cases, which Justice Secretary David Lammy is using as a pretext to axe trial by juries in thousands of cases, judges are less likely to adjourn cases repeatedly for those who either do not organise legal aid or are determined to defend themselves.
Less than an hour before Herbert's appearance Karl Hawkes, 53, of Ravenshurst Drive, Great Barr, also chose to defend himself in front of Recorder Douglas-Jones.
Hawkes wrote a letter to the court blaming the financial burden of paying for his defence for the reason he was defending himself at the plea and pre-trial hearing at which he was charged with criminal damage after allegedly smashing a West Midlands Police car in September this year.
Recorder Douglas-Jones said: "It is in your own interests to have legal representation. Are you aware if you plead guilty today you will get 25 per cent credit when sentenced, which will not be on offer again?"
After Hawkes explained he was aware of the credit for pleading guilty early and sought less official legal advice, Recorder Douglas-Jones went ahead with the hearing and Hawkes pleaded not guilty.