Now that I am retired having been many years a magistrate with a long awareness of the declining freedoms enjoyed by the ordinary citizen and a corresponding fear of the big brother state`s ever increasing encroachment on civil liberties I hope that my personal observations within these general parameters will be of interest to those with an open mind. Having been blogging with this title for many years against the rules of the Ministry of Justice my new found freedom should allow me to be less inhibited in these observations.
Comments are usually moderated. However, I do not accept any legal responsibility for the content of any comment. If any comment seems submitted just to advertise a website it will not be published.
Tuesday, 30 August 2016
The more the term hate crime is used indiscriminately ...........that`s a paradoxical use of the language..........the greater the risk of diminishing its effectivity. On July 19th I commented on the intentions of Nottingham police in this regard. If it becomes common practice for those correctly branded as being racist, antisemitic and the like to be bundled under the same umbrella terminology as being misgendered I believe we are in danger of throwing out the minority baby in the bath water of politically correctness because we refuse to drain and strain it.
Monday, 29 August 2016
Friday, 26 August 2016
If prison governors are "kings" then prison warders are the "nobles" and as we learn in history kings and nobles were often in conflict as to where the power would lie. In prison it is forbidden for inmates to possess or use mobile phones, drugs, or to use networking sites. So there is no drug problem in jails.....? no criminal activity involving mobile phone contact between convicts and the outside world.....? It is a fact that inmates are using Facebook to further their criminal activities whilst inside and to promote their violent actions inside.
It has been said by many with knowledge that the Prison Officers Union is the last bastion of left wing union extremism where union power and not the management is in control of the work place . Similarly it has been said that whilst drugs are illegal if they were totally excluded from jails there would be serious riots with the result that to a certain extent a blind eye is turned to the illegal supply in prisons. If using Facebook is contrary to prison rules how does a dangerous inmate access it without the knowledge of those paid to keep him secure and out of contact with the public at large?
Thursday, 25 August 2016
District Judges rule the lower courts system. Their decisions on sentencing have appeared to me as a distant observer with only news reports to go on to be occasionally arbitrary.Giving a driver a four week ban when he already had six points on his license as in this case, if heard in England, would have had the legal advisor to a bench gently reminding magistrates of the accepted protocol that he be given 6 - 8 points and treated as a totter with an immediate mandatory disqualification of six months. Just goes to show that the Irish north or south of the border are a law unto themselvers.
Wednesday, 24 August 2016
This is any act by which a person intentionally or recklessly causes another to apprehend immediate unlawful violence. Such an act must be with the intent being calculated in that persons mind to cause apprehension or fear in the mind of the victim. Therefore, where there is no intent, there will be not be an assault, UNLESS, that the person who assaulted another, ( and it was conclusive by way of evidence), that the person was indeed reckless as to the other person would in all probability have indeed apprehended that immediate unlawful violence would be used.
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law.
A further refined legal analysis of assault can be found here.
The fact is that every J.P. and criminal lawyer knows that police officers in the main will seek every opportunity to bring a common assault charge against an individual with whom they are in hot verbal and non violent exchanges when they are frustrated that they cannot impose their will. Obstruction of a police officer in the course of his duty is another all embracing favourite when commands legitimate or as is often the case illegitimate are not obeyed.
Protection of police officers in the course of their duty is a very easy bandwagon for an MP of only one year`s seniority to pursue. And Holly Lynch appears to be one of that ilk. This type of populist appeal by Labour is in line with its Corbynistic policy of rule by the people......read mob. It should be resisted in general and the proposed madatory jail for police assault in particular notwithstanding an overriding policy of reducing the prison population.
Tuesday, 23 August 2016
It is almost certain that police will use this new indexation to target their diminishing resources and will inevitably issue so called statistical evidence to justify their so called efficiency. Such activity distorts that which is itself being measured whether it`s GCSE and A Level results or an indication of a hospital`s ability to deal with its workload. This blogger will need some convincing that this harm index is less than harmful to public accountability of police.
Monday, 22 August 2016
The District Judge ruled that the terms of the ban imposing a 24 hour notice period were disproportionate but that nevertheless the order will not be reviewed until a further hearing on September 22nd. This individual might not be the man that the father of the bride might wish for a son in law but he was found not guilty at a trial for rape. Even so police branded him as "a very dangerous individual". In my naivety I did not think that such actions could take place in this country. After all this is not Turkey of "Midnight Express" or Russia under a repressive regime or Czechoslovakia during the time of Franz Kafka. This is England in 2016. What have we become? Where are we going?
Friday, 19 August 2016
Actions of misconduct to a lesser or usually greater degree of senior cops over the last few years directly impinge upon the public`s confidence in authority in general including government. They also reduce the respect in which senior police officers are held by their subordinates. Police and Crime Commissioners were established inter alia for just such purposes. Apparently the current Commissioner after previous ill judged actions is in his last year of office. The Home Secretary should seek his replacement from a totally different box from whence her predecessor chose Hogan-Howe.