I suppose it`s not being too late with the news that once more magistrates courts` sentencing powers have again been increased to 12 months custody for a single offence. The reason given by the MOJ is that prison overcrowding will be eased. But does this simple explanation stand up to simple scrutiny? Forget all the statistics except this; for decades the rate of immediate custody in the lower courts has been no more than 3% - 4% of all sentences. On an individual level I have yet to meet a magistrate who enjoyed acquiescing to such a sentence. Indeed a personal guideline which in days gone by I offered to a new magistrate was a case which has stayed in my mind for 20 years when discussing custody for assault: it went as follows: a man in his mid twenties with a previous record of violent behaviour living with a partner in the late stages of her pregnancy pulled her down a flight of stairs by her hair at their home. We sentenced him to the maximum six months immediate custody. The proposed new guideline will mean that more either way offences will be tried and sentenced in magistrates courts. Perhaps in its wisdom the MOJ will remove that choice. In any event why would the number of custodial sentences be reduced? There does not seem to be any logical reason. What will happen is that the waiting time at crown courts will be reduced. However an unintended consequence for this chopping and changing trial horses in mid gallop is that there will be a frantic increase in attempts to have more magistrates and perhaps an increase also in the number of appointed District Judges[MC]. A rushed recruitment programme for demanding jobs inevitably leads to a lowering in subsequent performance. Police forces throughout the country having lost long serving officers by the thousand since 2010 are facing a similar situation with fewer "old hands" available to bring their knowledge and experience on the streets to their new young colleagues. The new Secretary of State by publishing another sentencing review is just following on the pious words of so many of her predecessors. How long she will be around to see it fail is a moot point.
In view of the fact that Scotland has the worst drug problem in Europe there was an interesting answer to the following Freedom of Information Request:- In the last five years how many people have received the maximum sentence permitted for contraventions of the Misuse of Drugs Act, in relation to possession, possession with intent to supply or being concerned in the supply of Class A drugs in the High court? The short answer is not one.
It seems that the push of some Muslims to associate many social issues to the situation in Gaza should be a cause for concern. Thankfully this country has a record of church and state mainly (but not always eg House of Lords) being separated. Whilst not like a constitutional requirement as in America our fumbling way through such matters and others similar seemed to be effective........until now. The banking arrangements between Tesco and Barclays Bank should be a matter only for the companies concerned. For these Islamists who can be described as political Muslims our society should be re-aligned to their long term desire for sharia. These and other early signs of political Islam unfortunately are not being faced by the government or perhaps Keir Starmer hopes that the public is blind to such matters. With a population now of 3.4 million Muslims he might be correct but with a projected population of 13 million in 2050 the chickens will be coming home thick and fast to do their roosting.
All too often from TV to Twitter [X] we are being informed of the remarks in the workplace or elsewhere that are taboo and worthy of legal action. Another reference can now be added to the plethora currently classified as verboten. Calling a man "baldie" is now to be viewed as sexual harassment. Truly this country is in wonderland, down the rabbit hole or through the looking glass. Whatever you might choose we are at a period in our history when George Orwell has adopted Alice.
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