YORK magistrates walked out of court because Group 4 failed to deliver prisoners to the courthouse on time.

And on their return an hour and a half later they immediately called for urgent action to solve the problems that have caused courts in the city problems for months.

"We are disappointed that the court was unable to start until 11.30am," said senior magistrate Penny Sutton. "This was due to the late arrival of the prisoners. We are concerned about the number of times this has happened recently and the inconvenience caused to the advocates and the bench.

"We hope this matter can be addressed urgently."

The bench apologised to defence solicitors, prosecutor Jane Chadwick and court staff that it did not start sitting at its scheduled time of 10am.

But when the three magistrates were ready to go into court then, the defendants were still at York's Fulford Road Police Station and elsewhere, although dock officers have to attend at York Magistrates Court from before 9am ready to receive prisoners.

And without defendants the court could not hear cases.

Magistrates were not prepared to wait in their retiring room and walked out of the building in Clifford Street. The prisoners had arrived by the time they returned.

Solicitor John Howard said that late starts affected a defendant's chances of getting bail as places at bail hostels were usually filled before midday.

"Justice is being comprised," he said.

Fellow solicitor Daniel Fischbach said that there was a tendency to blame defence and prosecution lawyers for court delays, but this was not their fault.

For Group 4, a spokesman apologised for the delay, but blamed the record prison population for putting extra pressure on its staff and resources; prison staff for taking more than half an hour to release prisoners into Group 4 custody and the Home Office decision to send male remand prisoners to Hull instead of The Wolds prison which was 45 minutes nearer to York.

Updated: 09:11 Wednesday, September 18, 2002