NEW? GUIDANCE? [AND OBFUSCATION] ON BREACH OF COURT ORDERS

When the concept  which became Sentencing Guidelines was in an embryonic stage great consideration was given to the tick box thinking behind guidelines of the State of Michigan USA.  This approach was rejected at the time [2006]  With the latest consultation likely to be incorporated into the current Guidelines in 2017 it seems that we have travelled from London to Michigan via the North Pole or  its southern counterpoint; take your metaphorical pick. It now appears that public protection is to be a consideration in sentencing for breaches of court orders.  What`s so innovative about this aspect of the job?  I, and many former colleagues, applied such  modus operendi to our sentencing structure years ago even when a legal advisor thought it inappropriate.  In doing so we would make the point clearly in the sentencing pronouncement.  No bench on which I was a participant was ever appealed on that basis nor was any colleague`s as far as I know.  Now it is likely  to be official policy.  

Interesting comments in the documents published today concern suspended sentence orders or more simply custody suspended.  As I had to advise various colleagues and also probation officers upon their pre sentence reports recommending SSOs; the custody threshold has to be crossed before consideration can be given to its suspension. It would seem that not all sentencers follow that line of reasoning because amongst other matters in the documents is written, "Since there is no current guidance on all types of breach of court orders and where there is, its scope and format varies, this will replace the existing out of date instructions that have seen some suspended sentences being imposed when a custodial sentence was not the appropriate sentence". [my underline] In another curious observation there is a statement of what is an admittedly lack of information on sanctions for breaches of SSOs; "Very little evidence is available regarding current sentencing practice for breach of suspended sentences. The Council therefore explored this in discussions with sentencers and probation officers and staff. A review of case transcripts was also conducted, to identify factors currently influencing activation of custodial sentences upon breach, and when it may be unjust to activate a suspended sentence in full or in part." I can say with full knowledge that this is wilful head in the sand obfuscation by the MOJ.  

A Freedom of Information was made last year on this very subject........ Dear Ministry of Justice,
    
     For the last five years how many suspended sentence orders have
     been made by magistrates` courts in actual numbers and as a
     percentage of all custodial orders?
    
     For the last five years how many of these SSOs as above have been
     breached and resulted in the activation in whole or part of these
     orders in actual numbers and as a percentage of all SSOs 



The answer was as follows:-

Your request has been handled under the Freedom of Information Act 2000 (FOIA).

I can confirm that the Ministry of Justice holds the information that you have asked for. However, because the cost of complying with your request would exceed the limit set by the Freedom of Information Act, on this occasion I'm afraid I will not be taking your request further. In this letter I explain why that is the case and I also provide you with some advice as to how you could refine your request so that we may be able to answer it.

The law allows us to decline to answer FOI requests when we estimate it would cost us more than £600 (equivalent to 3½ working days’ worth of work, calculated at £25 per hour) to identify, locate, extract, and then provide the information that has been asked for.

It may help if I explain that the Ministry of Justice Court Proceedings Database holds information on defendants proceeded against, found guilty and sentenced for criminal offences in England and Wales. This database holds information on offences provided by the statutes under which proceedings are brought but not all the specific circumstances of each case. This centrally held information does not allow us to separately identify breaches of suspended sentence orders. This detailed information is not reported to Justice Statistics Analytical Services due to its size and complexity.

In this instance, to provide you with the information, we would be required to contact all Magistrates’ courts in England and Wales and ask them to search individual case files where a suspended sentence order was given to ascertain how many orders were breached.  To collect and collate the information you require on the scale you have requested would exceed the ‘appropriate limit’ set out in Section 12(1) of the FOIA.

You can find out more about Section 12(1) by reading the extract from the Act and some guidance points we consider when applying this exemption, attached at the end of this letter.

You can also find more information by reading the full text of the Act, available at http://www.legislation.gov.uk/ukpga/2000/36/section/12.

Whilst you could narrow the scope of your request in order to try and bring it within the cost limit, for example by requesting information for a particular court, I would like to take this opportunity to advise you that it is very likely that any information that may be held within scope of your request may be exempt from disclosure under the FOIA under the terms of Section 32 (Court Records). Therefore it is likely that any subsequent narrowed request could be refused under Section 32.

However, outside the scope of the Act and on a discretionary basis  I am pleased to inform you that you can view data on suspended sentences given at Magistrates ‘ courts via the following link:

https://www.gov.uk/government/statistics/criminal-justice-system-statistics-quarterly-december-2014

Select and open “Magistrates’ court data tool” folder

You will be able to view the number of suspended sentences given at Magistrates’ court in England and Wales, from 2004 to 2014. The percentage of suspended sentence orders can be calculated by dividing the number of suspended sentence orders by the number of custodial sentences and then multiplying by 100.

To conclude, Martin Graham of the Sentencing Council seems now to accept that public protection is an important factor in the sentencing of those who breach court orders. “Where they breach orders and cause or risk harm or distress to others, they can expect robust penalties to be imposed.” [my underline]

With a labyrinthine maze required for the operation of these latest guidelines perhaps a simple tick box a la Michigan would be preferable on our aforesaid journey from London.  

OURS NOT TO REASON WHY?

Whilst I was active in my chosen profession more than once I refused to offer my services requested by some individuals because for various reasons I considered that any actions I might have undertaken for or on their behalf were liable to be misconstrued or a basis for spurious complaints based upon their likely malevolence.  I should add that I was a self employed person offering my services under my own name.  I most certainly was not an employee in a public service. In fact my position was similar to the Asher family who own and manage a bakery in Belfast and who, earlier today, faced the disappointment of losing their appeal against their refusal to bake a cake for a same sex couple.  The Appeal Court apparently based its decision against the Asher`s  argument that the bakery would have been endorsing gay marriage equality by baking the cake. 

Apart from that factor to this simple J.P. (retired) that decision seems to find no reason to consider that a self employed business owner can refuse to offer his trade or service at his/her discretion.  So where are we with what I suppose is an equality based fundamental?  If a service or good  is supplied to person "A" and s/he complains with no evidence or argument in support that the service is not to a certain prescribed standard, requests a refund and threatens further action but then requests that a similar service or good be supplied to a relative and this request is refused is there a breach of the law? Indeed is the refusal to supply a service without giving a reason sufficient for legal action to be taken? 

I am not a person of religion but I do have every sympathy for the Ashers. 

RANK LOSSES

On July 22nd after a little research I posted on the numbers and ratios of ranks within the police forces of England and Wales.  It is interesting to note that the Met intends to remove the ranks of Chief Inspector and Commander.  Removal of Assistant Commissioner rank is also possible. It is not unlikely that where the Met leads others will follow.

A USEFUL QUESTION AND ANSWER

Some Commons questions to Justice ministers are so off the page that it seems to me that they are asked  simply for the M.P. involved to be able to add to his list of "see what I do for you, my constituents.....how important and clever I am."  But the question and answer available here concerning assaults on police officers is actually quite useful; in my humble opinion of course.

THE MAGISTRACY; ARE ITS DAYS NUMBERED?

I have seen the future of the magistracy and it is uncertain.  That, in a nutrshell, is what I get from reading the report published yesterday. Some points unsurprisingly seem more significant than others.  There was a conclusion that magistrates indeed suffer from low morale or perhaps the report could have been more honest and should have read that they have had low morale thrust upon them.  There was endorsement of changes to allow J.P.s to sit singly on simple summary non imprisonable cases eg TV licensing but also including driving without insurance; an offence which could involve a driving disqualification.  That seems incongruous cf eg to no TV license. There was also equivocation that a single J.P. sitting in an office dispensing justice on papers submitted would not be presiding over justice being seen to be done in a public forum.  There was general satisfaction that a lay bench could be entrusted to preside when its maximum tariff was doubled to twelve months custody although there was the usual objection from the usual suspects namely The Prison Reform Trust and  the Howard League for Penal Reform.  Proposals for perhaps increased out of court activities were welcomed as were so called  problem solving courts.    That there was support from any quarter including J.P.s for fixed term appointment is astonishing.  For those interested refer to section 3. In what profession is it considered that after ten years training and experience your time is up?  The reasons put forward were spurious to say the least. There was a great deal devoted to training: the action of teaching a person or animal a particular skill or type of behaviour. I sense that much of what was written on that subject would have been more accurately written under a heading of indoctrination: to instruct in a doctrine, principle, ideology, etc., especially to imbue with a specific partisan or biased belief or point of view.  There was a sense throughout that a core system had to be followed beyond IMHO that required by a J.P.`s oath of office.  Unsurprisingly the system or non system of appraisal and CPD were  interrogated.  Having myself undergone appraisal by a member of another LJA I was surprised that according to the report all appraisals are carried out within home court by home court appraisor colleagues.  There certainly is room for improvement but the current fad for CPD seems to be a step too far. It`s a bit like expecting auxilliary firefighters to  call out to an explosion in a tube station; it is beyond their call of duty.  If HMCTS as I believe would prefer only full time professional judiciary  to sit in the lower court it should be open about it. 

As it is with the conclusions that the lower court should have a twelve month sentencing power, that problem solving courts should be presided over by J.P.s, that J.P.s should sit as wingers with DJs presiding  and support for other out of court activities my take from the very lengthy document and notes is that all these factors with nefarious reasoning behind them lead to the result that my opinion of some years that the magistracy in 2025 will be demoted to only out of court functions has not been altered.   In its current form its days are numbered.

THE FUTURE OF THE MAGISTRACY

The hot topic amongst legal observers is Role of the magistracy within the criminal justice system.  My comments when I have fully digested the content.

STATISTICS MISUNDERSTOOD AND THE POLICE

Statistics statistics and ever more statistics are the curate`s egg of modern civilisation; good in parts if we only knew which parts.  Many media today are commenting on an independent analysis of the government`s Troubled Families programme which is excoriating in its analysis of the outcomes in contrast to government claims of 98.9% per cent of families being helped.  The NHS and the police are probably the most high profile quangos which also attempt to bewitch bother and bewilder us with numbers.  

Leicester Constabulary is no shirker in this regard.  Leave a window open or be careless in closing your back door securely and you can forget about any investigation if you`re unlucky enough to be burgled. "But" says a Leicester police chief, we didn`t mean that.  As the 60`s Newcastle R&B group put it so memorably for those of a certain vintage, " But I'm just a soul whose intentions are good. Oh Lord, please don't let me be misunderstood." 

I say to Leicester cops......it doesn`t wash.  You`ve got history in trying to evade your responsibilities or as you might put it......attempting to manage these responsibilities with ever reducing budgets. Last year if one were a citizen of this ancient city and were unfortunate to live in a street with odd number in the address and  had reason to believe somebody had tried to break in there would have been no member of that force breaking the speed limit in their grossly overdecorated BMW rushing to your aid.  No trainee detective would have been eagerly taking notes and summoning scene of crime officers to search for clues.  

Other forces are also misleading us with numbers unrelated to actions. Defiance of rules is almost endemic. The Met is literally a law unto itself. Its actions in relation to misconduct hearings of senior officers is to make them go away. Other forces including North Yorkshire have tried to bar reporters from misconduct hearings.   Of course numbers of officers being investigated owing to complaints from the public are published by the IPCC but so much of the whole procedure is controlled by individual police forces that one must have serious doubts as to the overall process and the accuracy of the findings.  It is therefore hardly surprising that the IPCC will be undergoing major change during this parliament. For public confidence in our police it`s not before time.

When a newspaper reporter attempted to attend the first day of the hearing earlier this week, they were turned away on the grounds that they had not given the required two days notice.

Read more at: http://www.yorkshirepost.co.uk/news/crime/yorkshire-police-inspector-keeps-job-after-misconduct-hearing-1-8142012

When a newspaper reporter attempted to attend the first day of the hearing earlier this week, they were turned away on the grounds that they had not given the required two days notice.

Read more at: http://www.yorkshirepost.co.uk/news/crime/yorkshire-police-inspector-keeps-job-after-misconduct-hearing-1-8142012

MET POLICE TO USE BODY WORN CAMERAS

The  Metropolitan Police today announced all officers are to wear body-worn cameras.  Personally I am not persuaded against this initiative.  However in an article copied below first published in the web journal Policing Insight already the arguments against this initiative are being made. Make up your mind time has arrived.

 

"Body-worn cameras for police officers are being rolled out globally, but until recently, limited evidence was available as to their effects. In one of the largest randomised-controlled trials in criminal justice history, the University of Cambridge and RAND Europe have recently published several papers looking at the new technology - with some surprising results. Alex Sutherland of RAND Europe outlines the findings and their implications.

Billions of dollars are being spent worldwide on the roll-out of body-worn cameras for police officers. With so much at stake, there is an urgent need to understand whether body-cameras are helping police officers and members of the public, and under what conditions they work best.

“ We are only just beginning to understand the full ramifications of applying this technology on the frontline of policing.

Body-worn cameras should, in theory, help both police officers and the public they serve.
The basic notion is that awareness of being filmed should help to curb inappropriate behaviour by police and/or suspects, keeping situations calmer. Evidence from a range of sources shows both humans and animals alter their behaviour if they know they are being watched.
The camera’s effects are not limited to the street. Footage from body cameras should aid prosecutions and help improve police accountability.
However, the idea that body-worn cameras are inherently ‘good for policing’, or can do all that is claimed of them is more complicated in reality.
Our research finds plenty of areas around their use that need to be considered. It concludes that we are only just beginning to understand the full ramifications of applying this technology on the frontline of policing.
One of the largest trials in history
In one of the largest randomised-controlled trials in criminal justice history, the University of Cambridge and RAND Europe have published several studies looking at body-worn cameras’ use in law enforcement.
This research, led by Dr. Barak Ariel at the University of Cambridge, included eight UK and U.S. police forces, 2,122 participating officers, a total population of two million citizens, and encompassed two million hours across 4,264 shifts.
The studies focused on assaults against officers, use-of-force by officers and complaints against police by the public.
Surprising results
The findings from the first study are perhaps surprising. Rates of assault against officers during arrest were 15 per cent higher when body-worn cameras were in use, compared to shifts where cameras were not present.

“ On the other hand, if cameras genuinely increase the risk of assaults then we need to understand why this is happening.

We think there are two plausible explanations for this finding.
First, police officers might feel more able and equipped to report assaults against them once they are captured on camera, even if the officer does not sustain visible injuries. This footage can provide officers with the confidence and impetus to report assaults.
Secondly, there is an argument that the video monitoring might make police officers less assertive and more vulnerable to assault, meaning that the actual rate of assaults increases.
Whatever explanation is correct, it is important to understand this in more detail. On the one hand, improved reporting of assaults means officers could receive more support and recognition. On the other hand, if cameras genuinely increase the risk of assaults then we need to understand why this is happening.
Use of force 
The findings from the second study on the rate of use-of-force by police on suspects during arrest were also contrary to our expectations.
The rate remained unchanged by the presence of body-worn cameras on average, but further analysis showed that this result depended on whether or not officers used their discretion about when to turn cameras on.
During the research, officers were instructed to record all stages of police-public interactions and issue a verbal warning of filming at the outset.
However, many officers preferred to use their discretion, activating cameras depending on the situation. This is important, as police officers sticking closer to the protocol led to use-of-force falling by 37 per cent, whereas use-of-force increased when officers used their discretion.
Drop in complaints
More recently, the third study found a 93 per cent drop in complaints made against police forces following the introduction of cameras.

“ We called this ‘contagious accountability’, as we think the ‘civilising effect’ of wearing cameras on some shifts ‘spilt over’ to when officers were not wearing cameras.

There are two possible reasons for this steep fall. The presence of the cameras could mean that police officers are behaving more appropriately in encounters with suspects and, as a result, fewer complaints are made against them.
On the other hand, it could be that the footage from the body cameras provides evidence of encounters between police officers and members of the public, so inaccurate complaints are less likely to be made.
What was interesting is that we saw an across-the-board decrease in complaints, both in situations where officers were wearing cameras and where they were not.
We called this ‘contagious accountability’, as we think the ‘civilising effect’ of wearing cameras on some shifts ‘spilt over’ to when officers were not wearing cameras.
Further research
Complaints against police are costly, both financially and in terms of public trust. In the US, complaints can be hugely expensive, with some resulting in multimillion-dollar lawsuits (just one of these can wipe out the budget for a small to medium sized police force). Meanwhile, in the UK last year, data from the UK Independent Police Complaints Commission showed a continuous rise in complaints across the majority of forces, with each requiring investigation (and thus cost).
Further research continues to be carried out that looks at the use of body-worn cameras within police forces. This is important in explaining the reasons behind these findings and gathering further evidence for what works in policing regarding the use of body-cameras. In the meantime, more training and engagement with police officers could help to ensure they are confident in the decisions they make while wearing cameras, and are safe in their job.

Alex Sutherland is a research leader at RAND Europe. He will be chairing the opening session of the University of Cambridge’s Festival of Ideas on Monday 17^th October called ‘Body cameras: safety or threat?’"

LOW VALUE SHOP THEFT IS SUMMARY ONLY OR IT SHOULD BE?

Sometimes one is faced with a situation so obvious to the observer but apparently to nobody else that there is hesitation in even mentioning it.  Such was my reaction today on reading of a trial by jury for a supermarket theft of goods to the value of £20.79.  Although new guidelines came into operation since my retirement from the bench it was my opinion that in such a situation this offence should be  treated as a summary only offence in accordance with section 22A of the Magistrates’ Courts Act 1980 where the maximum is 6 months’ custody.  However this is subject to one exemption; an adult defendant is to be given the opportunity to elect Crown Court trial; and if the defendant so elects; the offence is no longer summary and will be sent to the Crown Court (new section 22A(2))

With many offenders thinking in error [or persuaded so to do by their lawyer] that juries are less likely to convict than magistrates is this exemption not a waste of time?  Low value theft should not allow for election by a defendant. It should be summary only.....end of story.

COURT INTERPRETER STATISTICS

If there is one factor about our justice system as a whole of which we should be proud  it is the intention, although not always achieved, to ensure that any witness will have provided an interpreter if the court or tribunal has doubts as to an individual`s ability to comprehend the proceedings if English is not a first language.  How often do we read of British citizens abroad being forced to endure legal proceedings without such services being provided.  Detailed figures on the provision of language services are available here with an accompanying guide.

CLOWNING AROUND

Halloween will soon be upon us with the dreadful American cover all of "trick or treat" now firmly established upon the mainly middle classes and their children.  So we middle and working classes who are preyed upon and who likely live  in houses and not five storey housing blocks  will have the required bribes near at hand to pacify the young beggars even those dressed in clown outfits. Is it a coincidence of the calendar that adults dressed a la Stephen King`s killer clown have been playing games here and in the United States; games which might frighten those of a nervous disposition?  What seems certainly not playful is the attitude of police and in this instance police in Worcester.  Assuming that said clowns are not in possession of any bladed article or similar is it really necessary to take such a heavy approach to what are probably lonely miserable misguided adults who are so pathetic that they cannot perceive that their behaviour whilst not threatening might actually frighten some folk. Do such individuals realise they run the risk of a declarable criminal record by their foolish antics?  I suppose that for the police it`s an easy collar and one more supposed crime solved.

GAGGING INTERNET TROLLS OR GAGGING FREEDOM OF SPEECH?

It seems that Alison Saunders at the CPS is about to slice just a little bit more from our freedom of speech.  In the aftermath of many comments, some more warranted than others, on the effects on psychologically vulnerable individuals  of on line abuse Ms Saunders has warned that social media users could be prosecuted for a range of offensive behaviour not excluding virtual mobbing or doxxing which means putting someone`s personal details on line. On the other hand she has advised that prosecutors should exercise considerable caution before bringing charges under the Malicious Communications Act 1988 or the Communications Act 2003.  The new guidelines state that the communication or post must be more than offensive, shocking, disturbing, satirical, iconoclastic or rude and be more than an expression of  unpopular or unfashionable opinion, banter or humour even if distasteful.  It will interesting to read of the application of the guidelines in the next well publicised such case in the public domain.

SENTENCING OF PAEDOPHILES

In the year ended March 2015  6400 convictions for paedophilic and other sexual offences were recorded. In the first quarter of this year 2288 cases were brought before the courts either way or on indictment. We are told that sentencing for such offences has become more severe but as in all statistics there are anomalies.  In this case the offender was given seven years custody but as in all such disposals it is not unlikely he will be released early.  It cannot be said that the sentence was unreasonably harsh or too light.  Yet in this matter twelve months custody suspended for two years was the outcome.  Another case that caught my attention was  this one where the disposal was 10 months custody suspended for two years plus extras with a most bizarre plea of mitigation apparently helpful in his escaping immediate custody.    

Such heinous activities are on the increase.  Their detection and processing through the justice system costs a fortune. If thought through logically why should these perverts not be required to pay substantial sums towards these costs.  After all many other users of the justice system are being given no choice whether in the civil or criminal courts about paying for the privilege.  Substantial costs could be offered by offenders to receive a reduction in custody imposed.  Of course some would object that going down this route would benefit wealthy offenders but are not higher fines already available in magistrates` courts in lieu of more onerous disposals?

KNIFE CRIME; THE SAME OLD SAD STORY

Today with much trumpeting the Sentencing Council published new guidelines on knife crime. Considering the Tory Party conference has just finished I wonder if this is a coincidence.  Ever since my particular interest in criminal law began about twenty years ago each and every government has declared its intention of increased sanctions against those using or brandishing a knife or bladed article; eg on 21/09/2008 Jack Straw then Minister for Justice in his speech at the Labour Party Conference said; " Yesterday we saw the determination of those affected by knife crime as they marched through London. We stand firm with all those who know too well the devastating impact these crimes have and as Jacqui will be spelling out  later, all of us pledge that we will relentlessly keep up our efforts to tackle it."  Every minister responsible for policy on criminal activity since then has repeated a similar mantra.  A limited microcosm of attitudes to knife crime was my topic 3rd July 2015. To return to the reality of daily life in our courts the sentencing structure at Bolton Youth Court earlier this week might raise an eyebrow or two in the light of the above.  The report is as full as one can hope for in the local press but the underlying principle is clearly understood: that the mitigation of the offender`s  dreadful previous experiences and possible rehabilitation was considered to be more important than public protection that would have been offered by his immediate confinement.  Truly the bench will have it on its collective conscience should he cause injury or worse to anyone in future.

VIRTUAL REALITY OF VIDEO COURTS

Justice delayed is justice denied.  That legal maxim has been around for a while and truth be told it has merit.  One only has to consider the lengthy and protracted legal proceedings in a place like India to endorse the sentiment.  But.......and there is a big "but" speedy justice can be little or no justice at all.  In China by all accounts a sentence of execution is carried out within hours or even minutes of the judge`s pronouncement. So it was with some interest that I have been reading of the MOJ`s plans to pin its hopes on the concept of the video or virtual court.  Cambridge Magistrates Court has now gone active with this process.  This report in Cambridge News nowhere mentions the word "magistrate" in a substantive context.  It`s all centred on police procedures.  I just wonder how much input local benches had.  And of more than a little interest their conclusions if indeed they were asked to contribute to the original proposals.  The report concentrates on supposed benefits to the operating capacity of the constabularies involved.  It is a moot point whether such benefits are another product of the virtual reality involved. 

PROBATION REFORM AND McKENZIE FRIENDS

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.

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.

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. 

SENTENCING BY FOOTBALL RESULTS

Once again those running football are in the news because of their greed rather than their ability.  Magistrates` benches, unlike football managers,  are ideally constituted for diversity in all its forms; by sex, ethnic origin, by age so that their decisions might be as representative as possible in our diverse legal areas.    At my appointment potential Justices of the Peace had to declare their membership or not of a masonic lodge and their political preferences but that no longer applies. In one sector they are not selected by this variety all sorts approach to justice. They are not mandated to declare their allegiance to a sports team; rugby or football; cricket or hockey.   So in theory in a tight city like Liverpool or Manchester where if there is allegiance for J.P. footie fans  it is between two football  teams and it is not inconceivable that all three members of a bench could support the same team.  Now what happens if that team loses on a Monday night especially to its local opposition and three supporters are on the bench the following morning?  Now, dear reader, you`re wondering if I`m slightly off my head as well as off topic.  Researchers at Louisiana State University in the USA have asserted that juvenile offenders, particularly black offenders, were handed harsher sentences when the university`s football team lost especially when that loss was unexpected.

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..

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.  

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.

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.

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.

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 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.       

DISQUALIFY MOBILE PHONE DRIVERS

Just over three years ago I posted that increased fines for using a mobile phone whilst driving would be ineffective in controlling this dangerous occupation.  Increasing the number of penalty points was I opined the only sensible deterrent. The problem is getting worse. In its latest report the RAC Foundation states that in road accidents in Great Britain 240 people were killed where one driver was over the drink/drive limit. In the RAC Report on Motoring published today it is stated that "a significant minority of motorists (31%) admit to having used a handheld phone to make or receive calls while driving at some point in the past 12 months".  Government figures indicate that between 2012 and 2014  67 people were killed on our roads because a driver was using a mobile phone. The penalties for alcohol related driving offences are well known; disqualification on first offence for twelve months. Through that deterrence and social changes drink driving and its terrible consequences has been reduced. By comparison the level of fines imposed has had little influence.  

Today it is announced that on the spot fines for the offence of using a mobile phone whilst driving will rise from the current £100 to £150 and penalty points for car and van drivers will increase from three to four.    With the numbers of police patrols both on foot and in car much reduced in our cities it is unlikely that more offenders will be stopped in what is the first step towards punishment.  

The only way to curb this menace is to disqualify from driving for  three months for first offence .

A11) Final estimates for 2014 show that 240 people were killed in accidents in Great Britain where at least one driver was over the drink drive limit. - See more at: http://www.racfoundation.org/motoring-faqs/safety#sthash.v4z2tllE.dpuf

A11) Final estimates for 2014 show that 240 people were killed in accidents in Great Britain where at least one driver was over the drink drive limit. - See more at: http://www.racfoundation.org/motoring-faqs/safety#sthash.v4z2tllE.dpuf

A11) Final estimates for 2014 show that 240 people were killed in accidents in Great Britain where at least one driver was over the drink drive limit. - See more at: http://www.racfoundation.org/motoring-faqs/safety#sthash.v4z2tllE.dpuf

IN THE NAME OF EQUALITY AND DIVERSITY

There is no other way of saying this: sometimes I think this country and some of its authorities and power sources have gone arse over tit in their quest for so called "equality".  Perhaps it is the Left`s inability to get over Britain`s activity in the slave trade notwithstanding that Britain was also the first country to abolish that sordid activity which is still operational in parts of the globe. Perhaps the less than benign practices employed for the centuries when Britain ruled an empire still feature on the conscience of those who revile the western concept of democracy built upon Judeo Christian foundations.   Perhaps there are those who began reading Animal Farm but put it down before the story ended and still fail to see where the animals were led by so called "equality".  Whatever the motivation I was astonished to read of a so called Chief Constable who has advocated the possibility in the name of diversity of allowing his female Muslim officers to wear the burka.   This is "equal rights" gone stark staring mad.  Apart from the underlying philosophy of those who choose  to demonstrate their beliefs in such apparel, such beliefs not necessarily compatible with the law of the land they are employed to apply, in practical terms it would be ridiculous.   

I find it disturbing that such thinking processes led to this police chief`s absurd posturing.  

J.P. EN VACANCES

I`m off to La Belle France demain.  Hope to be back here in a week.

FINING FARE DODGERS

The apparent and sometimes actual disproportionality of some sentences, often fines, to offences has always been a cause for concern amongst interested observers of the nitty gritty of our justice  system.  It is acutely apparent in the fining of those who are convicted of non payment of fares on public transport.  Charges are laid to reflect whether or not there was intent to defraud or benign failure to pay.  The problems in my experience have arisen over the application or not by the transport authority of a penalty fare. In my early years on the bench I questioned at all levels the arbitrary nature of the rules on offering penalty fares as operated by prosecutors of the transport authority in my area.  From the bench chairman downwards I was told not to interfere. I did, however, persist and about two to three years later said authority made clear in its literature on line and in private that there would be conformity by its prosecutors.   Generally it worked.  A few years later such work was devolved to a nearby bench as part of a programme of "rationalisation".  I never did discover if that bench held the authority to the standards we had implemented.

So it is not often that a transport company and/or the Justice Ministry is open and clear about its policies towards fare dodgers.  The following is copied from a recent report of proceedings at Exeter Magistrates` Court:-

"Asked to comment on the severity of fines imposed for fare dodging, a Ministry of Justice spokeswoman said: “Sentencing is a matter for the independent judiciary, who make their decisions based on the facts of individual cases.”

The maximum penalty for rail fare evasion with intent to avoid paying for a ticket is a £1,000 fine or three months’ imprisonment. The maximum penalty for failing to produce a ticket is a £500 fine.

However, statistics from the Ministry of Justice show the fines imposed by Exeter magistrates recently are well above the average for courts in England and Wales.
Last year 23,894 people were prosecuted for travelling by railway without paying the correct fare, failing to show a ticket or failing to give their name and address – a fall of 21 per cent on the previous year. Of those prosecuted, 18,680 were found guilty.
While 11 people were given a custodial sentence, the vast majority of defendants were fined. The average fine across England and Wales was £290 in 2015 – up from £91 a decade earlier.

A spokesman for train operator Great Western Railway said sentencing was a matter for the courts but added that the firm always attempts to deal with matters without court action.
He said: “Should individuals not respond to us the matter is referred to the criminal court process. Where a penalty fare is issued the passenger is written to and offered the opportunity to pay or to appeal the fine; a subsequent reminder is sent and then it is largely taken out of our hands and into the court process.

“To be consistent for all those travelling the rules are the same regardless of the fare amount and are set out in National Conditions of Carriage. It is the court’s decision and we would respect that decision.”

The GWR spokesman added: “Fare evasion costs the rail industry about £240 million a year. To make sure that customers who pay for rail travel are not unfairly subsidising those who choose to avoid paying, passengers are required to purchase a ticket prior to boarding a service from station ticket offices or from the available ticket vending machines.”

Where a passenger is unable to purchase a ticket prior to boarding – for example if a ticket office is closed and the ticket machine is broken – they are obliged to purchase a ticket at the next available opportunity."

BERET THEFT

Talented transvestite extraordinaire Eddie Izzard had his beret stolen.   Considering it was returned to him does this really justify a charge of theft and all the cost that magistrates` court appearance entails?

McKOSHER FOOD FOR INMATES

As far as I know Judaism is not a  proselytising religion but for those who aspire for whatever reason to join the "chosen people" an initiation for would be male members is the norm. It is somewhat surprising therefore to read of the situation in Glenochil prison in Scotland where over 100 inmates have claimed their conversion to the religion of Jesus justifies their receiving kosher food. I doubt that even Nigella Lawson`s chicken soup would be  tasty enough  for their undergoing the ultimate procedure in proclaiming their new faith.  Apparently the prison authorities have to take them at their word without making further inquiries or examination as to their depth of commitment.