IN THE CROWN COURT AT DURHAM Ref: T20147076

The Crown Court

Old Elvet
Durham

14th-15th April 2014

Before

HIS HONOUR JUDGE KELSON QC

__________



REGINA


-v-


PAUL INGHAM


__________

PROCEEDINGS
__________



APPEARANCES:

For the Prosecution: MR J GILLETTE
MR S DRYDEN

For the Defence: MR I WEST

_________________



Transcribed from a digital audio recording by
J.L. Harpham Limited
Official Court Reporters and Tape Transcribers
55 Queen Street, Sheffield S1 2DX

1
REGINA -v- PAUL INGHAM 1
2
14th April 2014 3
4
PROCEEDINGS 5
6
THE CLERK: Are you Paul Ingham? 7
8
THE ACCUSED: Yes, ma'am. 9
10
THE CLERK: Sit down, please. 11
12
MR GILLETTE: May it please your Honour, I prosecute this matter. My learned friend 13
Mr West defends Mr Ingham who faces allegations of theft and perverting the course of justice. 14
I understand there is no plea today. We need to set a timetable. Subject to your Honour's 15
better view, I propose that that be this, that the Prosecution serve the papers by the 19th May, 16
the Defence to supply their witness requirements by the 2nd June and the Defence statement to 17
be served by the plea and case management hearing on the 27th June. That is a date that both 18
my learned friend and I can attend upon. I think your clerk is looking or trying, with the 19
assistance of listing, to find a proposed trial date. The custody time limit is the 29th September 20
in this case. (Discussion between the clerk and Judge Kelson). 21
22
JUDGE KELSON: We could have it as a Wednesday date which would go into a second 23
week, but ... 24
25
MR WEST: I am sorry, your Honour? 26
27
JUDGE KELSON: There is a Wednesday date that would go into a second week, but that 28
does not matter, does it? The 10th September? 29
30
MR WEST: It is not great for me, though I could do it. How about the week after, the 31
week of the 15th? 32
33
MR GILLETTE: Yes, I could do that. 34
35
MR WEST: Could we have it on the week of the 15th September? 36
37
JUDGE KELSON: It would be at a risk that week but then again, having read the 38
interviews in the case, I wonder how much of a risk. He had something of a difficulty dealing 39
with the wrap around the 1,000, didn't he? 40
41
MR WEST: He says he is not guilty so we will have to work on the basis that that is right. 42
Then, let's go for Wednesday, the 10th because if those two are sex cases they normally stand 43
up and I do not want it to be out of the list and then off for another three months, so, yes, 44
Wednesday, the 10th, please. 45
46

2
JUDGE KELSON: Mr West, of course he has pleaded not guilty, not your most helpful 1
observation. To case manage the case properly, some clue as to the likely issues, even at this 2
early stage, would be useful. I have deliberately made reference to the interviews because to 3
the outside observer they appear to present him with a very substantial problem evidentially, so 4
what I want from you, a little more helpfully, is is there an issue over the admissibility of the 5
interviews? 6
7
MR WEST: The answer is until I see them I do not know. The issue in the case generally 8
is was he robbed as he says he was or did he steal the money as the Crown seem to think. 9
10
JUDGE KELSON: You have not got the interview? 11
12
MR WEST: I have got brief summaries of them, yes. 13
14
JUDGE KELSON: Have you had chance to go through them with the defendant so far? 15
16
MR WEST: No, I have not. 17
18
JUDGE KELSON: I think perhaps you should really, to make it a useful hearing. What is 19
the point of this hearing if you have not taken instruction? 20
21
MR WEST: I have taken instructions that he is not guilty ... 22
23
JUDGE KELSON: Of course. Everybody is assumed to be not guilty but most people are 24
then confronted ... 25
26
MR WEST: No, no. I am not assuming that. I have actually discussed it ... 27
28
JUDGE KELSON: ... by their interviews by any helpful advocate. You know, I mean, 29
why have you not gone through the interviews with him so far? 30
31
MR WEST: Because he has been produced from Armley Prison. I have had about 20 32
minutes in the cells downstairs ... 33
34
JUDGE KELSON: Then have as long as you need. 35
36
MR WEST: Sorry? 37
38
JUDGE KELSON: Have as long as you need. I am here all day. 39
40
MR WEST: I have had all the time I need. I know that it is going to be a not guilty trial. 41
I do not need to go through the short summaries of the interviews with him to change that 42
position. He tells me he is not guilty. We need to fix a trial date. I do not need any more time, 43
thank you. 44
45

3
JUDGE KELSON: Do you not think it is an important part of preparation for this hearing 1
to go through at least some of the evidence with a defendant rather than just take his bare 2
assertion? At what stage ... 3
4
MR WEST: Who is saying I took his bare assertion? 5
6
JUDGE KELSON: At what stage were you proposing going through the evidence with 7
him? 8
9
MR WEST: When I have got it. 10
11
JUDGE KELSON: I will put this case out till later today when you have conducted a 12
proper conference with your client and we will revisit the case. 13
14
MR WEST: I will decide how long I spend in conference with him. 15
16
JUDGE KELSON: Mr West, we will come back to this case after two o'clock. 17
18
MR WEST: We can come back to it whenever you like but I ... 19
20
JUDGE KELSON: Don't be rude, Mr West. That was very rude. Don't be rude. All 21
right. We will revisit the case at two o'clock. Thank you. 22
23
MR GILLETTE: Your Honour, on a personal note, if we are able to revisit it before two 24
o'clock, would your Honour revisit it before two o'clock? 25
26
JUDGE KELSON: Well, I do not require your attendance. I am going to put the case out 27
to 2.15 ... 28
29
MR GILLETTE: I am grateful for that. 30
31
JUDGE KELSON: ... and if anything emerges, if you can either have your position 32
covered or the court will contact you but I am not satisfied so far that this is a useful hearing, 33
that it serves the purpose that these hearings are meant to serve and accordingly I am going to 34
give the Defence the opportunity to make it a useful hearing. I am not asking them to put 35
pressure upon their client. I am not asking them to interfere with his plea. I am asking them to 36
conduct a useful hearing following a useful conference. 37
38
MR WEST: Your Honour, the solicitor, who is actually my solicitor, attends with me 39
today. 40
41
JUDGE KELSON: Excellent. 42
43
MR WEST: He cannot stay any longer. I am not going to discuss the evidence in the case 44
... 45
46

4
JUDGE KELSON: Two fifteen, Mr West ... 1
2
MR WEST: ... with my client without a solicitor ... 3
4
JUDGE KELSON: ... possibly later; in fact, probably later, the longer you go on, but 5
certainly you will be here at 2.15. 6
7
MR WEST: You are assuming that. 8
9
JUDGE KELSON: Mr West, you will be here at 2.15. Now, mind your manners and sit 10
down. Sit down. 11
12
MR WEST: Excuse me. 13
14
JUDGE KELSON: Sit down, Mr West, or I will take this further. Sit down. 15
16
MR WEST: In what ... 17
18
JUDGE KELSON: Sit down, Mr West. 19
20
MR WEST: I am not used to being spoken to ... 21
22
JUDGE KELSON: You are an impertinent barrister. 23
24
MR WEST: I am ... 25
26
JUDGE KELSON: Do as you are told or sit down. 27
28
MR WEST: I am apparently ... 29
30
JUDGE KELSON: Sit down. Very good. Mr Ingham, we will come back to this case. 31
At 2.15 I will find out ... I believe you are in custody. 32
33
THE ACCUSED: Yes, your Honour. 34
35
JUDGE KELSON: I will find out why you are remanded in custody and we will see what 36
further progress we can make in the case at 2.15. Thank you very much. 37
38
MR GILLETTE: Your Honour, can I simply raise this? We have fixed a trial date. 39
40
JUDGE KELSON: Yes. 41
42
MR GILLETTE: I do not have witness availability. Can we have seven days? 43
44
JUDGE KELSON: Seven days. 45
46

5
MR GILLETTE: Thank you. 1
2
(Short adjournment) 3
4
THE CLERK: Paul Ingham, sit down, please. 5
6
JUDGE KELSON: Mr Ingham, you can sit down. Did Mr West come and see you after 7
this morning's hearing? 8
9
THE ACCUSED: Briefly yes, your Honour. 10
11
JUDGE KELSON: May I ask - remember this - I do not want to know anything which 12
passed between you. That is highly privileged information. I am not allowed to know and I do 13
not want to know what passed between you, but what I would like to know is how long he 14
spent with you. 15
16
THE ACCUSED: I would say about five minutes. 17
18
JUDGE KELSON: About five minutes, and your solicitor as well? 19
20
THE ACCUSED: Yes, your Honour. 21
22
JUDGE KELSON: Thank you very much. You may or may not know but he is not here. 23
We were informed that he has left the court building, therefore we cannot proceed with this 24
hearing. I do not know why he has left. I think he has gone back to chambers and I have 25
caused a telephone call to go to his chambers requiring him to attend tomorrow at 10.30. 26
27
The unfortunate consequence of that is that I also require you to attend again tomorrow at 28
10.30. I apologise for that because I understand sometimes coming to and from court is not 29
ideal but you will possibly yourself remember that one of the last things I said was that I 30
wanted to revisit why you were in custody, so I need a further hearing of this matter. 31
32
I will require the Prosecution to attend tomorrow as well as yourself. I do not actually 33
know what the administration had in mind for me in my list tomorrow. I have said 10.30 but I 34
am willing to sit at ten if it assists all the parties and possibly willing to sit later in the day if it 35
assists all the parties but on the face of it Mr West's leaving court is an extremely serious 36
matter and I need to get a little further into it, but it has a bearing on your case and therefore I 37
do need to ask you or order that you are brought back to court tomorrow at 10.30. This case 38
should have been done and dusted today, I am afraid. Now it has to go into tomorrow. I do not 39
know what the travel arrangements are for you now but I can say that I do not require you to 40
remain at court any longer today. Okay, that is as far as we can go, Mr Ingham, till tomorrow. 41
Thank you. 42
43
(The case was adjourned to the following morning) 44
45
_______________ 46

6
15th April 2014 1
2
THE CLERK: Are you Paul Ingham? 3
4
THE ACCUSED: Yes. 5
6
THE CLERK: Sit down, please. 7
8
JUDGE KELSON: Now Mr West, before we try and do anything substantive on the case, 9
I adjourned the case yesterday to the afternoon. In the early afternoon, about 2.30, maybe three 10
o'clock, my clerk came through to me and said, AMr West would like to know how long he has 11
got to wait until you reach his case@, and I said to the court clerk, AWhy don't we do it now 12
because this other case, the four hander, is in negotiation and settling. Let's slot it in now@, 13
and the next information I received was that you had left the building. I have therefore 14
requested you to attend again today, first of all so that we can conclude the matters relating to 15
the hearing substantively and, secondly, to find out why it was that you left the building when 16
there was a court outstanding and a defendant still in the building who you represented. 17
18
MR WEST: Right. Which would you like to deal with first? 19
20
JUDGE KELSON: Take them in whichever order you like, as courteously as you can. 21
22
MR WEST: Let's deal with the case then. As far as I am concerned, the hearing that we 23
concluded yesterday is concluded. The timetable has been set and there is no further business 24
to be transacted with the court in relation to the case. 25
26
JUDGE KELSON: The last matter I made reference to when we adjourned was a 27
reference to revisiting the status of the defendant. That seems to me to be quite a substantive 28
matter. 29
30
MR WEST: Yes. 31
32
JUDGE KELSON: You left and did not assist me with that. 33
34
MR WEST: I did not make any application for bail because there was no application for 35
bail to be made. For your Honour's information, a judge in chambers application is going to be 36
prepared but the spade work to make that application has not yet been done so that will have to 37
wait, but there was no application yesterday, nor today. 38
39
JUDGE KELSON: So you consider that the issue of a defendant's status is a matter for 40
the parties and not the court? 41
42
MR WEST: No, not at all. 43
44
JUDGE KELSON: I raised the matter. I wanted assistance with it and we have had to 45
reconvene today. 46

7
MR WEST: I thought your enquiry was directed to the prosecutor as to what his status 1
was. 2
3
JUDGE KELSON: We will deal with that substantive matter. The defendant is in 4
custody. Can you help me with why? 5
6
MR DRYDEN: Your Honour, the short answer is I cannot. My learned friend Mr Gillette 7
obviously holds the brief in this case. He was here yesterday. I was only informed a short time 8
ago that this case was being mentioned at 9.30. I do not have any papers. I do not think the 9
Crown have any papers in the building today. Obviously I can make some enquiries and get 10
those papers if you wish me to do so but I personally was not aware of this hearing until a very 11
short time ago and I do not think the CPS representative actually has the papers in court today 12
in any event, so I do not wish to be unhelpful. 13
14
JUDGE KELSON: No, no, not at all. 15
16
MR DRYDEN: It is simply that we were taken slightly by surprise ... 17
18
JUDGE KELSON: It is not your fault. 19
20
MR DRYDEN: ... regarding this case being listed this morning. 21
22
JUDGE KELSON: Yes, okay. Why is he in custody? Are you aware of the grounds of 23
objection to bail? 24
25
MR WEST: Yes. The magistrates, I think, thought that he would fail to surrender, that he 26
would interfere with witnesses and, believe it or not, they also said that they feared for the 27
defendant's safety, he having been effectively the postmaster in Cockfield Village and the 28
villagers would resent the fact that the post office had to be closed as a result of this incident. 29
30
JUDGE KELSON: Okay. That is the substantive hearing ... 31
32
MR WEST: Yes. 33
34
JUDGE KELSON: ... so far as the bail issue goes. The hearing, whether you liked it or 35
not and obviously you did not, was adjourned over to the afternoon. 36
37
MR WEST: Yes. That is what your Honour ordered in the morning, and I think I made it 38
pretty plain that I did not see any point in doing that other than ... 39
40
JUDGE KELSON: I appreciate your position but at the end of the day a judge had 41
ordered the case over into the afternoon. 42
43
MR WEST: You are perfectly entitled to order the case to be put over to the afternoon. 44
Whether I attend any hearing in the case is a matter for my professional judgment in 45
consultation with the solicitor who instructs me and my lay client and if, as I perceived it, your 46

8
Honour was simply adjourning the case over because you wanted to punish me, not 1
Mr Ingham, for not having, as you saw it, taken instructions on matters that you think I should 2
have done, from a position of complete ignorance - you had no idea whether I had taken 3
instructions on those matters or how long I had spent with the client - you ... 4
5
JUDGE KELSON: Well, I have. You told me you had spent 20 minutes with him. 6
7
MR WEST: I had. I had spent 20 minutes with him before the hearing but my solicitor 8
had been down to Armley Prison and spent an hour with him last week, but you did not trouble 9
to ask me that. 10
11
JUDGE KELSON: Try not to be rude. Just let's be polite, if we can. 12
13
MR WEST: Can I ask your Honour, if it is not impertinent, what was the purpose of you 14
putting the case over to the afternoon if it was something other than just to punish me for, as 15
you described it, my impertinence? 16
17
JUDGE KELSON: The purpose, as I made crystal clear, was to facilitate you having time 18
enough for a useful conference to make the preliminary hearing a useful exercise. 19
20
MR WEST: As I told you in the hearing in the morning, I had done that and whether I had 21
had a sufficient conference is a matter for me. I had taken sufficient instructions, both myself 22
and through my solicitor's visit to the prison last week, which I should have been on, if my trial 23
had not been over-running, and I had given my solicitor a list of matters I wanted him to 24
discuss, I was fully instructed for the hearing I conducted in front of you yesterday morning. I 25
did not need the extra time and I told your Honour as much. 26
27
JUDGE KELSON: We touched upon the interviews, and I was only able to touch upon 28
those because of the extraordinary length of the prosecutor's summary for preliminary hearing 29
proceedings which is rather more substantial than many, both as to the provision of the witness 30
statements and more particularly as to the record of interviews, and you will appreciate that one 31
of the purposes of the preliminary hearing procedure is to try to identify issues as early as 32
conceivably possible. 33
34
MR WEST: Yes, and your Honour asked me the question, what the issue is. 35
36
JUDGE KELSON: In many a case, a preliminary hearing case where there is closed 37
circuit television evidence, DNA evidence or a full and frank confession, the judge at the 38
preliminary hearing is rather more interventionist than otherwise. In this case on one reading 39
of the interviews the defendant, by reason of the 1,000 found in a wrapper in a bin in his 40
house, has interesting issues to address - I try and put it as neutrally as I can - hence I enquired 41
whether you had addressed the interviews with him and you told me you had not. 42
43
MR WEST: I said I had not discussed them in detail but, your Honour, all of that is 44
comprised within the issue of whether or not I was instructed sufficiently to conduct the 45
hearing and in my judgment, and it is my judgment that matters, I was. The defendant had 46

9
indicated clearly both to my solicitor last week and to me that the case is to be contested, we 1
had set a timetable for the trial to take place and issues around specific matters of the evidence 2
are for a later stage when the evidence is served in its full and proper form, and there was to be 3
no purpose, as I tried to make clear, in me going down and having it out with the defendant 4
about what your Honour wanted me to have it out with him about why he had on the police 5
summary changed his account. There was no point in me having that conference. That is why 6
I did not do it. 7
8
JUDGE KELSON: He is, of course, fully advised of the loss of credit the longer the 9
proceedings go on? 10
11
MR WEST: Your Honour will have to assume that when a barrister who has been doing 12
the job for nearly 30 years tells you he is fully instructed you will just have to accept it because 13
what advice I give him is a matter between he and I and subject to his privilege. 14
15
JUDGE KELSON: After you had left the building ... 16
17
MR WEST: Can I just correct one factual error about what you said to me right at the 18
start? I have no recollection of asking any member of the court staff when you were proposing 19
to call the case on because - I see your court clerk shaking her head - because I had no interest 20
in that. I would not have asked that question because I did not really want to know. I left the 21
building. I received a phone call saying that the court clerk was looking for me and I gave a 22
message to be conveyed back that I was on my way back to chambers but I had not indicated 23
that I wanted to know when the case was going to be called on or that I had any interest in that 24
matter. 25
26
JUDGE KELSON: Right. I have it in mind to make a wasted costs order in respect of 27
yesterday's attendance at court disallowing your fees ... 28
29
MR WEST: Really? 30
31
JUDGE KELSON: ... and in respect of today's appearance paying the prosecutor's fees 32
because today's appearance in respect of the attendance of Mr Ingham would not have needed 33
to occur if you had attended yesterday. The regulations and practice direction require that I 34
give you notice of that so that you can make your own representations either now or at some 35
stage in the near future having had time to reflect. 36
37
MR WEST: At a later stage, and I also have the right to ask to be represented and I will 38
probably exercise that right, so if your Honour wishes to have that matter sorted out, then I 39
suggest we do it at the end of the trial or at some other convenient moment. 40
41
JUDGE KELSON: I am here for a fortnight, so we will do it before next Friday because it 42
pertains only to these appearances. 43
44
MR WEST: Right. You are here until the 25th April? 45
46

10
JUDGE KELSON: I think that is right, next Friday. That is right. 1
2
MR WEST: Right. I am here doing a case on Wednesday, the 23rd ... 3
4
JUDGE KELSON: Excellent. 5
6
MR WEST: ... doing two cases that day. Both of them are just case management 7
hearings, so they will not take very long, so let's do it then. 8
9
JUDGE KELSON: At your convenience we will do it on the 23rd April. 10
11
MR WEST: Very well. 12
13
JUDGE KELSON: In the light of your leaving court yesterday, I took advice as to the 14
appropriate procedure since I have never, ever had a counsel simply leave a court when he is 15
required in the afternoon and the advice I have received is to ask you to prepare a report 16
explaining why it was, despite being ordered to be here in the afternoon, you left and to provide 17
that report to your head of chambers, obviously to me but copying in your head of chambers 18
and Mr Justice Globe, the presiding judge. 19
20
MR WEST: Can I ... 21
22
JUDGE KELSON: Will you comply with that request? 23
24
MR WEST: No. No, I will not. Can I tell you what jurisdiction you have and do not have 25
in relation to discipline over me? If you think I have misconducted myself, your recourse is to 26
the Bar Standards Board, my regulator. I think they are now called the Professional Standards 27
Committee, but it will be on their website. You have, as a judge of the Crown Court ... The 28
Crown Court has no jurisdiction over the disciplining of barristers, neither does my head of 29
chambers, neither does Mr Justice Globe. The Bar Standards Board is your port of call, so if 30
you have a complaint about my professional competence or any matter of professional 31
discipline the Bar Standards Board is the avenue. Can I suggest, respectfully, that you wait 32
until after the wasted costs hearing before making a decision whether to do that? 33
34
JUDGE KELSON: Who is your head of chambers? 35
36
MR WEST: Jamie Hill QC. 37
38
JUDGE KELSON: Which chambers is that? 39
40
MR WEST: Fountain Chambers, Middlesbrough. 41
42
As you have indicated that you are considering making a wasted costs order against me, 43
can I ask that you order to be bespoken at public expense, not mine, and we will deal with the 44
costs later if need be, a transcript of yesterday's hearing and of this hearing? 45
46

11
JUDGE KELSON: Yes, absolutely. We need a transcript of yesterday's hearing, 1
yesterday morning's hearing ... 2
3
MR WEST: Yes. 4
5
JUDGE KELSON: ... by the 23rd, next week. 6
7
MR WEST: Preferably in advance so that whoever I instruct can see it. 8
9
JUDGE KELSON: Of course, as soon as ever possible. 10
11
MR WEST: Thank you. 12
13
JUDGE KELSON: You should know that, you having left the court despite knowing that 14
Mr Ingham was in the building and that the case was to be heard again, you having therefore, 15
as I perceived it, abandoned Mr Ingham, the case was called on and Mr Ingham was brought up 16
to court ... 17
18
MR WEST: Yes. 19
20
JUDGE KELSON: ... at that stage having to represent himself. 21
22
MR WEST: Yes. For your information I had advised him that that ... 23
24
JUDGE KELSON: I have not finished yet. 25
26
MR WEST: I am sorry. 27
28
JUDGE KELSON: I enquired of him whether you had been down for a conference with 29
him but explained to him that, of course, by reason of privilege I did not want to know and was 30
not entitled to know anything at all that had passed between you, and I learned that you had 31
been down for five minutes after the morning adjournment. 32
33
MR WEST: It was longer than that. 34
35
JUDGE KELSON: I think that merely confirms ... Well, Mr Ingham told me five 36
minutes. That merely confirms that as far as you were concerned you had had sufficient 37
conference and no matter how much longer I gave you to address any further issues in the case, 38
you were not going to have any more time in conference with him because as far as you were 39
concerned you had complied with your requirements at the preliminary hearing. 40
41
MR WEST: Yes. It was actually, l think, longer than five minutes but it was sufficient to 42
tell him that you would probably bring him back up to court and to give him advice about what 43
he should say if you did. 44
45
JUDGE KELSON: We can plainly go no further with this today. 46

12
MR WEST: Before departing the case, can I make an observation? 1
2
JUDGE KELSON: Well ... 3
4
MR WEST: Your Honour called into question my ... 5
6
JUDGE KELSON: So long as it is polite. 7
8
MR WEST: Of course. Your Honour yesterday called into question my professional 9
competence and that of Mr Clark, who is the senior partner in the firm that instructs me in this 10
case. He does not normally come to court with my cases but he is the person who instructs me 11
and does in this case. He was the gentleman who had been to Armley Prison to see Mr Ingham 12
on Thursday last week. With the comments you made yesterday you called into question both 13
my and Mr Clark's professional competence in front of our lay client and in a public court room 14
... 15
16
JUDGE KELSON: In what phrases ... What phrases do you have in mind, calling into 17
question your professional competence? 18
19
MR WEST: Telling me that I should have taken instructions about a matter which I had 20
said to you I did not need to take full instructions on and then calling me impertinent in front of 21
my client. 22
23
The qualified privilege that your Honour's position attracts when making comments from 24
the Bench is one that requires, because it is vouchsafed only to those who are thought to be 25
capable of exercising it responsibly, carries with it the responsibility not to make off-the-cuff 26
comments from a position of ignorance about the way in which the advocates and solicitors 27
who appear in your court conduct themselves. You have no idea how I conduct my practice or 28
how I had dealt with Mr Ingham's case and yet you were willing to criticise me and my 29
instructing solicitor on the basis of no evidence whatsoever and I think I am entitled and do ask 30
for an apology from your Honour for that. (Pause). I see none is to be forthcoming. 31
32
JUDGE KELSON: Of course not. I make no apology whatsoever. 33
34
MR WEST: Very well. 35
36
JUDGE KELSON: I think you are an impertinent barrister. Yesterday I thought your 37
behaviour was appalling in open court. I think leaving court when you were required here in 38
the afternoon was monstrous. You will receive no apology whatsoever from me. We will meet 39
again on the 23rd April to address the issue of wasted costs. 40
41
MR WEST: We will. 42
43
JUDGE KELSON: Thank you. 44
45
__________________ 46