Absolute
discharge - no further action is taken, since either the offence was very minor
or the court considers that the experience has been enough of a deterrent. The
offender will receive a criminal record.
The last decade can arguably be described as one in which the law has
become increasingly prescriptive at the summary level. In 2004 there were 530,847 offenders
sentenced at magistrates` courts on non motoring offences of whom 4,507
received an absolute discharge; 0.85%. Similar figures for the year ending June 2014
are 416,198 and 2,079 or 0.5%. For
motoring offences alone in 2004 of 704,836 sentenced 9,086 received an absolute
discharge i.e. 1.3%. Now ten years later
the figures are that of 447,566 sentenced only 2,732 were given an absolute
discharge; 0.6%. I am no statistician
but an absolute discharge rate for motoring offences which has decreased by a
little over 50% seems significant. Perhaps
the interpretation of strict liability has tightened; perhaps courts are less inclined to be
benevolent. Looking at the numbers above
on non motoring sentencing it could possibly be construed that the CPS is more
refined in its prosecuting policy and those cases which just reach its
prosecution threshold are not now being pursued.
Numbers
are playful items. No wonder those
involved in all aspects of the criminal justice system go to such lengths to
find numbers which suit their political purposes.
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