Perhaps things are done differently in
Northern Ireland at least according to this short report. Some years ago I invited my winger to do a
spot of quick interpreting for an unrepresented defendant and was roundly criticised
afterwards by the L/A. Perhaps somebody
can explain the logic for an absolute discharge to be accompanied by the
penalty points. It`s certainly news to
me.
Comments are usually moderated. However, I do not accept any legal responsibility for the content of any comment. If any comment seems submitted just to advertise a website it will not be published.
Friday, 3 April 2015
Thursday, 2 April 2015
CRIMINAL JUSTICE AND COURTS BILL AND THINGS TO COME
Having left the Bench a short time before
I was to be compulsorily removed as being too old, feeble and senile to do the
job.........at least according to the Ministry of Justice..........and reading
the latest atrocious method the not-so-merry men at the M.O.J. had conjured up for
their version of Robin (Grey Thing) Hood who robs from the poor to give to the
bankers I wondered whether I could be at peace with myself if I were still to
sit in court and required to make the appropriate pronouncement on the published terms. My first thoughts of resignation were when the
so called victim surcharge was made a requirement. Obviously I decided against such drastic
action but in my pronouncement I substituted the phrase “government imposed
surcharge over which we have no control”.
There was the occasional raised eyebrow from the wings and the odd
comment from a legal advisor at a post court review but nothing more. And
then came the changes from Michael Gove about the non attendance of children at
school becoming almost a crime of strict liability. Having to find guilty a parent or guardian
who had done everything but nail the child`s feet to the floor of the classroom
was difficult. Even a three month
conditional discharge and no costs constituted a declarable conviction. Soon colleagues will be faced with the
conditions of the forthcoming Criminal Justice and Courts Bill. When c£2billion in unpaid fines and costs is probably never going to be recovered, to
impose further financial penalties on a class of people with the least ability
to pay is the politics of revenge to put it very mildly. I do think I would have been pushed over the
resignation edge. But paradoxically if
such an action were to be taken by former colleagues and I am almost certain
some nearing the end of their tenure will do so it will bring a smirk to the
faces of those aforementioned all singing and dancing little men at the
M.O.J. It will be further ammunition in
their long term goal to oust Justices of the Peace from our courts and restrict
custodial sentencing at least to District Judges(M.C.) They
won`t resign in principle over legislation they find iniquitous; they have
their salaries and pensions to consider.
I have endeavoured without success to find out how many if any crown
court judges and higher have resigned their position over a matter of principle
insofar as disagreeing with the legislation they have to uphold. The conclusion must be that we are
sleepwalking into dangerous constitutional territory. The non report in today`s media of the trial
of “not proven to be a terrorist” Erol Incedal is but a foretaste of things
surely to come.
Wednesday, 1 April 2015
A CONCEPT LOST WILL NEVER BE REGAINED
Traditionally April 1st is All
Fools Day and judging by what we have heard and seen from the electoral
combatants so far perhaps All Fools Month would be a better description for
2015. One factor that can be laid before us is the extreme unlikelihood of
a certain Chris Grayling being allowed to appear before a television audience
to encourage support for the Tories. If he were to do so it would be akin to
Rosemary West publicly applying to be a foster mother. It ain`t going to happen.
I cannot remember a Lord Chancellor/Justice
Secretary who has alienated more groups
who operate under his authority. Lawyers of all persuasions including the CPS
who of course must remain silent, probation officers, prison officials of all
ranks including those charged with inspection, judges, magistrates and of
course the very concept of Justice itself.
Even for readers inclined to vote Tory it would be interesting to
question your candidate as s/he occupies the doorstep for two minutes as to the
legacy of said now former Lord Chancellor. In four short years he has tarnished
the concept of British justice. It is hard at this stage to consider how what
has been lost will ever be regained.
Saturday, 28 March 2015
COMING SOON TO A SITE RIGHT HERE......NEW JUSTICE OF THE PEACE BLOG
Roughly a third of all visitors to this
site linger for more than one hour. I
find that very gratifying as I also note that about a half of all visits are by
those who are first timers. For those reasons and some more to be explained in
due course I will not be posting for perhaps a week or so whilst with my
limited techie ability I will, after about six years, attempt a re-design of this blog.
Friday, 27 March 2015
LEARN SOMETHING NEW
My very last sitting was on motoring and I
learned something new. Re s.172; most
provincial police forces follow up a guilty on that charge with pursuit of the
substantive matter which initiated the procedure. That is excluding the country`s largest
police force; The Metropolitan
Police. Don`t ask me why but the motto
is that we learn something new every sitting; even the very last.....ever!
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