FIVE defendants spent hours locked in cells below empty York courtrooms so court clerks could attend a meeting on improving justice.

North Yorkshire prosecutors are to complain formally after a court clerk overruled magistrates who wanted to deal speedily with the prisoners.

Several defence solicitors, concerned that their clients' human rights suffered, are considering what action they should take.

All but one of the prisoners were released when magistrates were able to hear their cases late yesterday after a two-hour delay.

"We did our best" said chairman of the bench Elizabeth Hjort to prosecution and defence solicitors at 4pm.

"The magistrates were happy to be here at the time we said, but it was taken out of our hands."

She and two colleagues dealt with 25 cases yesterday morning and at 1pm announced they would deal with the remaining prisoners at 2.10pm.

Shortly afterwards, York deputy clerk Glyn Simpson spoke to the magistrates and court did not resume until after the meeting ended, at 4pm.

He told the Evening Press afterwards magistrates could not sit at 2.10pm because by then, all clerks were at the meeting, which had been planned weeks ago. He was unaware when prosecutors and police had been told about it.

Friday's court list was very long because prosecutors had unexpectedly insisted on delaying many cases due to be heard on Wednesday, he added.

Joint justices clerk Gordon Lees, of North Yorkshire Magistrates Courts Committee, said he was looking into Friday's events.

When court ended at 6pm, Group 4 had to race against time to get prisoners back to Hull jail.

Updated: 09:47 Saturday, May 31, 2003