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Friday, 23 March 2018

A JUDGE`S PARALLEL UNIVERSE

When a convicted offender cannot be sentenced without a pre sentence report from the probation service and the offence is so serious that s/he is warned that all options are open including custody the court must decide whether s/he can be remanded on bail until the date set for sentencing. In such a situation the court must do all it can to ensure the offender will return on that date.  In the case of a non British citizen surrender of a passport might be required. Indeed such an order might be applied to a British citizen whom, for whatever reasons, the bench considered to be a flight risk. An offender might be tagged or be required to report daily to a police station.  The court, in short, has wide powers to do its utmost so that justice will be done.  In the case of a serious sex offender to be sentenced at crown court to allow him to enjoy a pre booked holiday seems over generous.  To release him on non conditional bail is IMHO a disgraceful failing by a judge who seems to be living in a parallel universe.  For her sake I hope the offender appears when he is due. A report in MailOnLine is available here.

3 comments:

  1. Although we may know little about the offenders, bail decisions by Crown Court judges have often left me bemused for many years. A look at those cases where judges have had to sentence for serious offences in absence leaves one mystified and angry and shows that bemusement is justified.

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  2. This should be filed under the heading 'You couldn't make it up.' Sadly some of these judges don't seem to live in the real world. Generally they are younger judges or recorders who seem to want to see if they can trust the person who has just been convicted to return for their sentencing at their leisure. Most in the court will have been amazed and quite what discussions would have taken place at lunchtime in the judges' dining room one can only imagine. I was just reading of another case were a convited rapist was released on bail on condition he returned for his sentence. Of course he didn't return and is now being sought by police with a warning that he shouldn't be approached. And all this to make society safer. Yeah ... right...

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  3. And imagine the frustration experienced by the police in receiving arrest warrants for such offenders- I'm surprised they don't sometimes think "why bother....?".

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