SO YOU WANT TO BE A MAGISTRATE?

Disappointed that your application to be a Justice of the Peace has been rejected?  You might therefore be interested in the following:-


"Unsuccessful applicants to the Magistracy
Rejection letters
It has come to our attention that some Advisory Committee’s rejection letters appear to be worded in such a way as to invite appeals from unsuccessful candidates. Given we have been receiving a lot of appeals (which are time consuming to deal with) and the overwhelming majority of them are not successful, we would prefer not to encourage them. Therefore, I would be grateful if you would consider adding the following paragraph to all future rejection letters:

The Committee appreciate that this decision will be a disappointment to you. You may ask for this decision to be reviewed by the Senior Presiding Judge for England and Wales if you believe your interview was not carried out fairly. However, when requesting a review you should state clearly and succinctly on what grounds you believe the Advisory Committee has not properly considered your application. It is not enough to say that you disagree with the Committee’s decision. A request for a review must be made in writing within one month to the Senior Presiding Judge for England Wales, c/o Magistrates’ HR, Judicial Office, 10^th floor, Thomas Moore Building, Royal Courts of Justice, Strand, London WC2A 2LL

     Kind regards
     R Gunstone"

PAEDOPHILIA AND BREXIT

The arguments have started.  They were inevitable. When a senior cop gives an opinion to the media to explain why we can`t expect his force and others to enforce the law on paedophilia all manner of abuse comes his way. People in his position and in others, notably the....oops.......sorry......I should have used the now all encompassing term OUR NHS, really mean that they have had their budgets cut so near to the bone that coping with all their legal responsibilities has become nigh on impossible.  

Decades ago in appropriate circumstances I voiced the opinion that at some future date the poorest populations of the world would want a share of the wealth that we have taken for granted and that since that wealth is not infinite it would require greater input from us to weather the storms to come.  In simple terms if the state cannot increase growth fast enough individuals or state run businesses would become poorer.  That storm enveloped us years ago and we still have not found a way to a safe harbour.  Nit picking about funding the NHS and social care and education  privately by individual contribution  or using the state to collect the required monies and dish it out to those (most) in need is as big a problem as negotiating a suitable Brexit.

CAN BLIND BE JUSTICE?

There is much to be commended in this country where ever fewer positions or occupations are barred to people highly qualilfied but with various disabilities. Indeed such is anti discrimination woven into our employment legislation that sometimes it appears that disability is a pre requisite for a particular job.  Often grants from charitable institutions are enhanced for those who are disabled cf candidates without such impediments. 

Having thankfully no family members or close friends with disabilities, during my time on the bench it was a privilege to sit with colleagues who were physically disabled in some form or another  and who were determined to set aside their discomfort or pain and get on with the job at hand. However there was not one sight impaired member on my bench.  Having a professional background in the care of those visually handicapped I well understood the limits of such impairment for a magistrate. It was therefore with some surprise that I read last week that a barrister, presumably registered blind, had been appointed District Judge [M.C.]

I wonder if this is just a step too far in equal opportunities however capable the individual.  As a D.J. he will not only be presiding over the court which I can concede is likely to be within his undoubted ability but he will be making decisions on defendants` guilt or innocence where an inability to read facial expression or body language is going to be a handicap.   Will blind justice be seen to be done in his court? I suppose only time will tell.

 

LOBBYIST "BRAKE", SINGLE ISSUES & A WOLF

I suppose single issue lobbyists or groups have a purpose like anti noise campaigners or ban the bomb activists. Their use of hyperbole and doom mongering occasionally leads to a modicum of sensible reaction and the dismissal of much of the bloated misleading baggage surrounding the core argument.  "Brake" is such an organisation.  The Portsmouth News report of a local lawyer`s comments on the exceptional circumstances whereby a court can allow a driver who has accumulated 12 penalty points on his/her license within three years can argue that a ban would be inappropriate in the particular personal circumstances has brought forward a comment from the aforesaid Brake that "the news was shocking".  Whilst I am of the opinion that too many of my former colleagues lowered the bar too far too often in allowing the argument of exceptional circumstances to succeed  Brake devalues its protests when eg it argues that inter alia

"Causing death by dangerous driving – the maximum penalty is 14 years imprisonment (section 1) Vehicular manslaughter in the UK is very rarely the basis of prosecution, yet the impact of death by dangerous driving and vehicular manslaughter is the same for the family or friends of the deceased. Although a life-long driving ban would be welcomed, a more severe custodial sentence would in many cases be more appropriate than 14 years."

Perhaps this lobbyist like others in various sectors is aiming high in order to achieve that modicum of success.  If so that approach  risks the application of the law of diminishing returns. Perhaps  the single issue  boy who cried wolf once too often was also named Brake. Aesop doesn`t tell us.  

Road safety charity Brake said the news was shocking

Read more at: http://www.portsmouth.co.uk/news/crime/drivers-still-on-the-roads-with-12-points-1-7836371

Road safety charity Brake said the news was shocking

Read more at: http://www.portsmouth.co.uk/news/crime/drivers-still-on-the-roads-with-12-points-1-7836371

Road safety charity Brake said the news was shocking

Read more at: http://www.portsmouth.co.uk/news/crime/drivers-still-on-the-roads-with-12-points-1-7836371

BLUE BADGE CRIME

I recollect many years ago on returning to a rural car park and being berated by an elderly couple for parking in a disabled bay; an action that was completely accidental on my part.  I felt humiliated and told myself to be more careful in future.  Using a Blue Badge fraudulently is a different matter.  Whispers say that the price of a stolen badge is well into four figures. In addition they are not all that difficult to counterfeit.  When I was active we did not have many cases of fraudulent use as they usually were settled between the offender and the borough.  On the odd occasion when one came before us we often imposed the maximum fine of £1000 when there was little or no mitigation.  It is therefore somewhat surprising that according to a short report in the Warrington Guardian an offender was out of pocket to a derisory £69 fine for the use of an out of date badge not belonging to himself.  A lay bench is supposed to be more attune to local needs than a District Judge. Obviously this bench needs some re-education.  The item below might be helpful.

Blue Badge (Disabled Parking) Scheme enforcement policy

1.       The Blue Badge (Disabled Parking) Scheme provides a national arrangement of parking concessions for those people who have a permanent or substantial disability. NELC and its partners are responsible for the administration and enforcement of the scheme within the borough on behalf of the Department for Transport.

2.       The misuse of the Blue Badge scheme undermines the benefits of the scheme, impacts upon local traffic management and creates hostility amongst other badge holders and members of the public. It can result in a genuinely disabled person being unable to access designated parking spaces.

Types of misuse

3.       The vast majority of Blue Badge holders use their badges responsibly. However,  there are individuals who misuse the scheme. This misuse can take a number of forms including:

·         False application for a blue badge

·         Use by someone other than the badge holder, either to park in an otherwise restricted area (eg double yellow lines/disabled bays) or to evade parking charges

·         Alteration of a genuine Blue Badge

·         Creation of a Counterfeit Blue Badge

·         Use of expired badges

·         Use of a badge the holder is no longer entitled to use

·         Use of a badge reported as lost or stolen

This list is not exhaustive.

4.       It is a criminal offence to misuse a Blue Badge. In the event of someone being found to be in contravention of the Blue Badge scheme, this policy seeks to ensure that the Council:

·         Message is clear that misuse of the scheme will not be tolerated

·         Provides support to Blue Badge holders to help them to understand their responsibilities as badge holders and reduce misuse

·         Enforces the Blue Badge scheme in a fair and consistent manner

·         Takes appropriate and proportionate action to stop any misuse

·         Undertakes criminal proceedings in line with its Prosecution Policy when necessary

Prevention

5.       The Council operates a robust application process to minimise the number of false applications being successful.

6.       Every successful applicant for a Blue Badge will be issued with the Department for Transport’s  ‘The Blue Badge scheme: rights and responsibilities in England’ leaflet. This will provide the badge holder with the information they need to ensure the badge is used appropriately.

7.       Each successful applicant will also be required to sign a declaration confirming that they will not allow someone else to use a badge that has been issued to them.

Detection

8.       The Council will inspect vehicles parked on the public highway and in Council car parks using a blue badge, as part of the duties of its Civil Enforcement Officers (CEO). Where there is evidence of misuse and the misuse constitutes a contravention of road traffic regulations, the CEO will take the appropriate action as per [need to insert reference to powers/policy]. The CEO may also consider seizing the badge and returning it to the issuing authority if they establish reasonable grounds to do so and is practical.

9.       If the misuse is by someone other than the badge holder, the Council will contact the badge holder to remind them of their responsibility to ensure the badge is not misused and that allowing another person to misuse the badge is a criminal offence. If the misuse continues, the Council will notify the badge holder that further misuse may lead to a refusal to renew the blue badge and that the Council may consider criminal proceedings if the misuse continues.

10.   The Council may receive information on potential blue badge misuse from the public, Council employees and other 3^rd parties. We will consider all allegations made and determine the appropriate action to be taken. Actions may range from reminding the badge holder of their responsibilities to criminal investigation dependant on the individual circumstances of the allegation.

11.   Where intelligence suggests particular areas of Blue badge misuse,  the Council will consider undertaking operations to target these areas.

Investigation

12.   If the misuse could also constitute other criminal offences (other than road traffic offences), the Council will take the appropriate action to stop the misuse and investigate the offence. The issue of a Penalty Charge Notice for contraventions of road traffic regulations does not prevent the Council from also pursuing criminal offences. Such investigations are not limited to the badge holder, but also include third parties misusing the badge.

13.   Criminal investigations will be conducted by professionally trained officers from the Counter Fraud Team in accordance with the Criminal Procedures and Investigations Act 1996, Police and Criminal Evidence Act 1984 and any other legislation that may be appropriate to a particular investigation.

14.   The Council will use the personal data it holds for the prevention and/or detection of crime where it is appropriate and lawful to do so.

Redress

15.   Where evidence of wrongdoing is identified the Council may take one or more of the following courses of action in accordance with the relevant legislation:

·         Remind the badge holder of their responsibilities

·         Inform the person misusing the badge that they are committing offences and may be prosecuted for future offences

·         Retain the badge

·         Refuse to renew a blue badge

·         Cancel a blue badge

·         Refuse an application for a blue badge

·         Offer an individual a formal caution as an alternative to prosecution

·         Prosecution

16.   Where the Council has grounds to believe that the badge holder will permit another person to continue to misuse a badge, the Council will consider refusing to renew the badge once it has expired.

17.   Where a blue badge holder has been convicted of an offence in relation to the misuse of that badge, the Council will consider withdrawing the badge.

Legislation

The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (SI 2000/682);

The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2000 (SI 2000/1507);

The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 (SI 2000/693);

The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 (SI 2007/2531);

The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment No. 2) Regulations 2007 (SI 2007/2600);

The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment Regulations 2011 (SI 2011/1307).

The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) (No.2) Regulations 2011 (SI 2011/2675)

The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2013

The Disabled Persons’ Parking Badges Act 2013

The Chronically Sick and Disabled Persons Act 1970

Road Traffic Regulation Act 1984

The Fraud Act 2006

Police & Criminal Evidence Act 1984

Criminal Procedures & Investigation Act 1996

HMCTS PUBLISHES ITS OWN COURT REPORTS

It seems that HMCTS is soon going to roll out its own news service re results from magistrates` courts.  West Sussex Magistrates` Court would appear to be the first area in  unannounced pilot scheme. See previous posts. This is an iniquitous step when local media for one reason or another abrogate the task of local reporting.  HMCTS will in theory  be solely responsible for public news. That in theory and practice is bad for democratic freedom of information. 

HOUSE OF LORDS QUESTION:LAY MAGISTRACY

Yesterday`s question in the House of Lords on the subject of the magistracy provided the usual rehash of the noble lords rehearsed opinions. Read for yourself.........it`ll take only three or four minutes at most.

POLICE CONFERRING IN NOTETAKING

As a newly appointed J.P. it took me a while to absorb the fact that not only was police collaboration in writing up their notebooks of an incident normal; it was enshrined in page upon page of regulation. There is a link on this in the last post I made on this topic a year ago.  My initial thoughts were that within such a system were the foundations of corruption.  Phrases such as "rolling gait", "eyes glazed", and others similar were repeated in police officers` evidence read from their notebooks over and over again. One of the first questions of police witnesses when I first took the middle chair was to ask of them after they were sworn in if and with whom they had collaborated in their note taking.  Some colleagues  found this unusual but appreciated the significance.  It seems that now the Independent Police Complaints Commission has given this situation some thought although by its very mandate serious cases only are under consideration.  Its advice is that conferring should be eliminated.  That it has taken this long to initiate such a common sense procedure should not belittle its significance.  Indeed it should be a stepping stone to similar restrictions in everyday matters where more than a single officer or PCSO is involved.  Public trust in policing cannot be said to be encouraging.  Any factor that improves this without being detrimental to performance is to be welcomed.

ADDICTED OFFENDERS

For longer than I care to remember I have been saddened by the cultural failure to divert addicts from courts to a medical pathway.  All the fiddling by successive Justice Secretaries and their minions from Sentencing Council to lies about the numbers of prison officers and all else in between makes me want to throw up. In today`s and this weekend`s  local newspapers  three cases shine the light on why we require custody for some non violent offenders, opposed by Howard League, and also why we should grasp the nettle to divert addicts committing low level crime from courts to a compulsory  medical pathway to eradicate their addiction. 

Although optimistic by nature I fear that no government with a democratic mandate to rule will ever have the balls to implement such a change in our attitudes to criminality.  We`ll have the same old cycle of events, claims and counter claims and Justice Secretaries who don`t even attempt to bang their heads against the status quo brick wall.

CUSTODY:THE FINAL SANCTION

With a prison population at almost record levels and no prospect of its being reduced without drastic reform of sentencing guidelines shrill voices are frequently proclaiming that incarceration for non violent offenders must no longer be tolerated. They must be dealt with in the community; whatever that actually means.  This offender sentenced earlier this week for driving whilst disqualified owing to a ban imposed for drink driving a month previously has been jailed for twelve weeks and had in addition a suspended sentence for the drink driving offence  activated.  She was not violent. Without the final sanction of custody just what would happen to such offenders?