The observations and opinions of a retired magistrate. Also available my magistrate`s diary at https://amagistratesdiaries.blogspot.com/
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Friday, 18 November 2016
ADDICTS NEED TREATMENT; NOT FINES
If ever there was an example of the futility of dealing with addicts in a court setting it was demonstrated by the well meaning but pious words of the chairman of the bench at Furness Magistrates` Court earlier this week.
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Crafty, but I suspect futire, bit of advertising there! More seriously, it does show how careful court chairmen and judges have to be before they open their mouths in court; less is generally better. That said, drunk and disorderly offenders are tedious, waste police and court time and block up police cells; courts are quite unable to do anything to alter their behaviour as only a small fine is available as a penalty. Most towns will have a number of very regular customers and nine times out of ten the fine will be deemed served by the time spent (usually overnight)in custody - for the main reason that the prospect of the fine being paid is minimal as they will already be having the maximum deduction from benefits. I think some prosecuting authorities have experimented with using old common law vagrancy acts to up the ante (can't remember offhand exactly which) but I suspect many courts will see that as equally impotent: probation can offer nothing which deals with the causes of their behaviour and imprisonment is seen as entirely disproportionate to the offense even in habitual offenders. So I agree with JP: addicts need something other than court. Unfortunately that will cost money so will not happen.
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Crafty, but I suspect futire, bit of advertising there!
ReplyDeleteMore seriously, it does show how careful court chairmen and judges have to be before they open their mouths in court; less is generally better.
That said, drunk and disorderly offenders are tedious, waste police and court time and block up police cells; courts are quite unable to do anything to alter their behaviour as only a small fine is available as a penalty. Most towns will have a number of very regular customers and nine times out of ten the fine will be deemed served by the time spent (usually overnight)in custody - for the main reason that the prospect of the fine being paid is minimal as they will already be having the maximum deduction from benefits.
I think some prosecuting authorities have experimented with using old common law vagrancy acts to up the ante (can't remember offhand exactly which) but I suspect many courts will see that as equally impotent: probation can offer nothing which deals with the causes of their behaviour and imprisonment is seen as entirely disproportionate to the offense even in habitual offenders.
So I agree with JP: addicts need something other than court. Unfortunately that will cost money so will not happen.