We are expecting a general election next year. As a matter of curiosity I attempted to see a copy of the Conservative Party manifesto for the election of 2010. A normal search indicated it was not available for public observation.
Ever since I was appointed J.P. during the last Labour government I naturally have taken an interest in crime and government statements on how they are going to crack down on this crime or that offence. Tony Blair in his first Labour manifesto famously declared, "tough on crime and tough on the causes of crime." Having been in office for 13 years the Tories are making yet again another effort to convince us they are tackling knife crime. A new consultation paper on knives has just reached its final submissions date. Since 2010/11, the total number of selected offences involving a knife or sharp instrument has increased by 34% (from around 34,000 to 45,000) and the number of threats to kill using knives or sharp objects has nearly quadrupled (from around 1,400 to 5,500).The recent police recorded crime figures published by the ONS showed a 21% increase in the number of knife and offensive weapon offences recorded from 37,706 in year ending September 2021 to 45,639 in year ending September 2022. We all know that "Lies, damned lies, and statistics" is a phrase describing the persuasive power of statistics to bolster weak arguments but nevertheless it is in the courts that the final link in the chain of promises, manifesto commitments, parliamentary processes and legislation becomes manifest. I recollect that the case known as Povey became standard approach to sentencing knife crime in magistrates court. I kept a copy in my personal folder which accompanied me every time I sat. Indeed my colleagues often requested a copy. Throughout my appointment there was never a training session on such criminality. All such "advice" was supposed to emanate from our legal advisors. Such ignorance must be bliss to so many now sitting in judgement on their peers being led by their noses under the control of HMCTS. In practice sentencing on bladed articles and knives seems no more or less than the pot luck of the last century despite all the exhortations and Guidelines. On so many grounds this offender`s sentencing even with the limited report seems a throwback. This Deputy District Judge perhaps was "under orders" not to increase the prison population although such instructions from on high are always denied. At the other end of the scale here is a case where logic and compassion seem to have been sacrificed to "the computer says no" attitude possibly encouraged by a legal advisor covering his/her arse.
I have long looked forward to the time when live TV of magistrates courts to a local population becomes as commonplace as parliamentary TV. Indeed with the dearth of local news media reporting court activities it has become essential for justice to be seen to be done by a wider public ignorant of its processes until Jo Bloggs has to appear herself. I can find no statistics on the numbers of litigants in person conducting their own defence at trial in magistrates courts. From my experience the vast majority of defendants pleading guilty are unrepresented except perhaps when expert representation is needed in more serious matters eg driving disqualification or possibility of a custodial sentence This academic study might be worth a few minutes of JPs` reading time.
From all accounts there is a public perception that knife crime is out of control and sentencing is inadequate. No doubt until the general election we will hear the same old platitudes familiar to us all [at least those of us with long enough memories] from the days of tram cars and trolley buses whether referring to the Glasgow razor gangs or the Sweeney Todds of the East End : we will reduce knife crime and punish offenders.
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