There were many who were doubtful of the hype surrounding "reform" of the probation service. Sadly but predictably these scepticisms have borne fruit. I told you so is no response to the appalling mess created by Chris Grayling. It seems political advancement is the reward for failure.
With the advances in civilisation it seems that the idium "nature abhors a vacuum" should also be applied to humanity. The wholesale decimation of our legal aid system and the consequences for those bereft of legal advice has in a remarkably short timeframe turned what was an occasional situation in courts into one where those unqualified in law but assuming the mantle of McKenzie friend have even formed their own association. I last posted on this topic 12th January 2016. It seems, not before time, that the authorities are beginning to take notice of these people. Perhaps some of the benevolence apparently seeping out from this Tory government will reach the MOJ.
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Tuesday, 4 October 2016
Monday, 3 October 2016
LEGAL AID STATISTICS
I really don`t know whether it is praiseworthy or not but with the legal aid statistics published last week there is also published a user guide to be read in conjunction with the main paper. My initial reaction is that if statistical tables require that much explanation something is amiss but I guess readers with stamina will make up their own minds.
Friday, 30 September 2016
TIME LIMITS TO POLICE BAIL
Magistrates are used to dealing with bail cases; to a point. Applicants have been charged and a bench applies guidelines and rules to assess whether in fact remand in custody is necessary or indeed permitted for said offence and/or offender. Police sergeants at the station have a different problem pre charge. With a large number of high profile persons having been investigated for child abuse offences in the last few years and many subsequently at liberty on police bail for over a year without being charged the subject has finally hit the headlines with government proposing to place a time limit of 28 days in all such bail cases except in specific cases. In addition a magistrate would be required to authorise any application to extend bail beyond three months. Police chiefs have swiftly condemned these proposals.
I can well understand the police position. Their numbers have dropped dramatically in the last six years from 143,734 to 124,066. Although perhaps some statistics tell us crime has fallen and others that it hasn`t IMHO reduced numbers of police officers mean that all the work that they do has to be rationed or performed over a longer period. And that includes investigation into criminal activity when the person arrested has yet to be charged. F.O.I. figures for the Met Police in 2014 show 4630 people were on bail for over six months.
Governments always seek scapegoats when publicly funded organisations or those contracted out have their budgets cut dramatically, way beyond expectations of increasing efficiency, and subsequently fail to perform to expected standards. The NHS, UK Border Agency as was, the Probation Service, the Prison Service are but a few examples. The police are no exception. Considering the prime minister`s previous office this meeting of contrary opinions is going to cause not a little dust to fly.
I can well understand the police position. Their numbers have dropped dramatically in the last six years from 143,734 to 124,066. Although perhaps some statistics tell us crime has fallen and others that it hasn`t IMHO reduced numbers of police officers mean that all the work that they do has to be rationed or performed over a longer period. And that includes investigation into criminal activity when the person arrested has yet to be charged. F.O.I. figures for the Met Police in 2014 show 4630 people were on bail for over six months.
Governments always seek scapegoats when publicly funded organisations or those contracted out have their budgets cut dramatically, way beyond expectations of increasing efficiency, and subsequently fail to perform to expected standards. The NHS, UK Border Agency as was, the Probation Service, the Prison Service are but a few examples. The police are no exception. Considering the prime minister`s previous office this meeting of contrary opinions is going to cause not a little dust to fly.
Thursday, 29 September 2016
SENTENCING BY FOOTBALL RESULTS
I wonder if too clever by half criminal lawyers will line up this possibility of sporting despair when advising convicted clients of their chances on appealing sentence especially if sentence was by single District Judge..
Tuesday, 27 September 2016
BARLINNE PRISON CALLING YOU TUBE
I have opined in the past that the Prison Officers Association is one of the last bastions of union power in the public service sector. In addition to what is gleaned in the public arena my own experiences whilst an active J.P. did nothing to dissuade me of this opinion; indeed they confirmed it. Therefore it was with little surprise but some dismay that I read of a newly incarcerated racist murderer in Glasgow`s Barlinnie Prison being able to propagate his hateful agenda on You Tube only a few weeks after entering Scotland`s biggest jail. 4.4% of the Scottish prison population consider themselves to be Muslim; a smaller proportion than in England. It is therefore not unreasonable to consider the possibility (probability?) that inside help was a factor in Tanveer Ahmed`s ability to obtain a mobile phone in order to spread his vile beliefs.
Monday, 26 September 2016
THE NON TRIAL OF JOHN O` NEILL
Since January this year the tale of the man who was required to give police 24 hours notice prior to engaging in sexual activity has provided this blogger and many others with a story simultaneously of mirth and profound dismay. The apparent conclusion to this tale of which Kafka might have been hesitant to tell took place at York Magistrates` Court where District Judge Adrian Lower imposed twelve conditions on John O` Neill, a man acquitted of rape, and who has apparently no convictions for sexual violence. These conditions relate to Mr O`Neill`s sexual intentions.
The legal system, quite correctly, has provision to charge and if necessary take to trial those suspected of planning to commit disorder or worse. But this man is legally innocent of any such intent. By any standards it is a blot on the face of English justice that he has been made subject to such restraints in the same week that it was revealed that a Detective Superintendant was effectively sacked for allowing a murderer to incriminate himself willingly and without any coercion apart from the pleasure of smoking a cigarette whilst so doing.
The activities of police with regard to what is known all too widely as domestic violence and victim orientated investigations are becoming increasingly arbritary in their acting as judge, jury and executioner where the ancient concept of innocent until proved guilty has become an anachronism.
The legal system, quite correctly, has provision to charge and if necessary take to trial those suspected of planning to commit disorder or worse. But this man is legally innocent of any such intent. By any standards it is a blot on the face of English justice that he has been made subject to such restraints in the same week that it was revealed that a Detective Superintendant was effectively sacked for allowing a murderer to incriminate himself willingly and without any coercion apart from the pleasure of smoking a cigarette whilst so doing.
The activities of police with regard to what is known all too widely as domestic violence and victim orientated investigations are becoming increasingly arbritary in their acting as judge, jury and executioner where the ancient concept of innocent until proved guilty has become an anachronism.
Friday, 23 September 2016
A TALE OF TWO CITIES
As far as I am aware no figures are published of the numbers of magistrates who resign their posts. Anectdotally it has been estimated by some that since 2012 up to 10% have resigned owing to government policy of court closures. This latest report of resignations in Wakefield adds to the litany.
Further to my post of 13th September it seems that the world has really gone crazy. As if one Chief Constable`s lunatic suggestion isn`t enough the Police and Crime Commissioner in Leicestershire is considering jumping on to the equality and diversity bandwagon. Soon it will truly be Sharia law enforcement.
Further to my post of 13th September it seems that the world has really gone crazy. As if one Chief Constable`s lunatic suggestion isn`t enough the Police and Crime Commissioner in Leicestershire is considering jumping on to the equality and diversity bandwagon. Soon it will truly be Sharia law enforcement.
Wednesday, 21 September 2016
SENTENCING GAP BETWEEN MALE AND FEMALE
My criticism of police and their more than occasional thin skins does not allow failure of a bench of magistrates to offer them public protection to go unnoticed. The offender in this case has such a history of violent behaviour towards them that the words of the bench chairman do not stand up to scrutiny however truncated the report....in my humble opinion of course. She was at the earlier stage of a community sentence and had had a previous opportunity to solve her alcohol problem.
This seems to be a perfect example of offering a woman a sentencing option which would not be offered to a male offender.
This seems to be a perfect example of offering a woman a sentencing option which would not be offered to a male offender.
Tuesday, 20 September 2016
POLICE WANT SECRECY ON MISCONDUCT
Giving some thought to today`s post it occurred to me that quite a high proportion of my posts have been devoted to criticism of police. A few years ago that criticism was generally directed against the policies of constabularies or the unusual procedures undertaken by them. But more recent postings have been more concerned with the antics of senior police officers and the ineptitude or worse that has passed for activities more befitting those cops from Keystone were they not much more serious. The most recent such comments were posted here on August 19th.
The Chief Officers` Council; formally ACPO, in its collective wisdom has tried to persuade its overseers that cases of alleged misconduct against its members be kept secret. What arrogance! From Watergate to Whitehall it has been demonstrated that the cover up when revealed (as it usually is eventually) has greater ramifications that the misdeed itself. Those whom we pay and entrust to lead the enforcement of the law should be the most open of all to scrutiny when that trust appears, rightly or wrongly, to have been misplaced.
The Chief Officers` Council; formally ACPO, in its collective wisdom has tried to persuade its overseers that cases of alleged misconduct against its members be kept secret. What arrogance! From Watergate to Whitehall it has been demonstrated that the cover up when revealed (as it usually is eventually) has greater ramifications that the misdeed itself. Those whom we pay and entrust to lead the enforcement of the law should be the most open of all to scrutiny when that trust appears, rightly or wrongly, to have been misplaced.
Monday, 19 September 2016
THE VIRTUAL WORLD OF POLICING
I have no idea of how many "press" officers are employed by the nation`s police forces but I reckon they all work overtime. I can`t think of any other public service except perhaps the MOJ where journalistic spin seems to be as much part of its daily environment as the reality of its activities. Two sets of announcements recently have emphasised this variance. On August 16th a little read publication "Insurance Times" had a report on the wonderful initiative of City of London Police to combat cyber crime. Oh how fortunate we are to have such stout fellows working behind the scenes to protect are wallets and purses. But and it`s a big "but" today it has been revealed that 4.5 million debit and/or credit cards have been cancelled owing to fraud by those very same cyber criminals being sought by City of London Police. It is becoming increasingly difficult to take seriously any statements from any senior police officers in any police force in the country. West Midlands is a classic example. Last week they announced the establishment of bike patrols to target drivers who overtake cyclists without leaving the minimum required distance between their vehicle and the bike rider. Injury to cyclists is indeed concerning but so is assault, careless and dangerous driving, theft, robbery and myriad offences against the person.
Truly in this regard the real target of police is in their virtual world where image supersedes reality.
Truly in this regard the real target of police is in their virtual world where image supersedes reality.
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