Many will be no longer fascinated by the recent attempts by China, Japan, India, USA to land unmanned space vehicles on the moon. Perhaps those who were agog at watching live on TV the first time that human beings walked on the moon in July 1969 are now just passive observers to the many sociological and political changes that afflict the planet and have changed the face of this country as much as any war might have done in decades past.
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 If any comment seems submitted just to advertise a website it will not be published.
Tuesday 19 March 2024
IS THE END NIGH FOR BRITISH JUSTICE?
Many will be no longer fascinated by the recent attempts by China, Japan, India, USA to land unmanned space vehicles on the moon. Perhaps those who were agog at watching live on TV the first time that human beings walked on the moon in July 1969 are now just passive observers to the many sociological and political changes that afflict the planet and have changed the face of this country as much as any war might have done in decades past.
Tuesday 3 October 2023
SHEEP AND THE POLITICIANS WHO CRY WOLF
Notwithstanding the tens of thousands of individuals who are even loosely termed "court workers" the only people remotely interested in what goes on in the magistrates courts are perhaps just a few thousand who work in the mainly print media and of those the majority don`t work for the Daily Mail or The Times or other mass media; they work for the hundreds of local media companies struggling to financially survive against a tsunami of sometimes unregulated competitors on and off line. Local magistrates court reporting remains one of the few activities where such businesses provide information services which are usually unobtainable elsewhere. Having myself, from time to time whilst active as a presiding magistrate, been the subject [albeit with the offender] of such reports I have nothing but admiration for those undertaking this work. There is still a majority of the British public without their name on the police national computer. Unless involved academically these law abiding citizens have absolutely no conception of how the law works in the 97% of criminal cases which begin and are concluded in the magistrates courts until, of course, they are themselves accused of offending. The pressure and lobbying organisation Transform Justice has, for that very reason, initiated a court watchers group to inform on such proceedings. My opinion in that regard is that the project has merit but care should be taken by these folk that reporting on the court is one thing; offering opinion is another and I have noted that sometimes the twain are confused. Arguably no topic within the legal system is perhaps as significant as sentencing although it`s fair to add that the whole system rather like the concrete used to construct some of the court buildings has been crumbling from the top for over a decade: 2010 to be precise.
From time to time I have offered cases where the invisible directive from the MOJ for sentencers to keep out of jail many who should be behind bars borders on political arrogance taking we the public for idiots. Politicians preach hard guidance and courts apply hand wringing misplaced benevolence. Below are just a pitiful few recent examples where the sentence does anything but fit the crime.
The dreadful cases of murder and rapes by serving Metropolitan Police officers and others provided a well earned shock to authorities who have shouted loudly that such cases, the tip of a known iceberg, will in future be treated with the severity they deserve. One such observation was that indecent exposure, an offence which most magistrates have had to listen to, would no longer be treated as a relatively minor offence. It would be treated as an indication that the offender was on an unstable ladder likely for him to lead to falling further into depravity. Academic studies have justified this reasoning. A sex offender denied his guilt until the day of his trial when he admitted indecent exposure to a 14 year old girl. Not only was that cowardly delay likely to have caused even more distress to the child his late guilty plea was of no avail insofar as he was sentenced to virtually the maximum available to the bench; 23 weeks but against all logic it was suspended. Obviously only those in the courtroom heard all the evidence and mitigation but common sense comments are valid. Those in the local area interested in the topic must be at best confused and at worst dismayed. The report is available here.
In Derby a 22 year old drunk driver was guilty of her third such conviction in three years. The Sentencing Guideline for this offence is here. Not only was she well over the limit she tried to deceive police by pretending she was a passenger in the vehicle; an aggravating circumstance if ever there was one. She was sentenced to 18 weeks custody which was suspended for two years. In addition she was disqualified from driving for four years and ordered to pay £199 in financial penalties. A 100 day alcohol monitoring tag was ordered to be attached and she was required to attend 25 rehabilitation sessions. How seriously all that will be monitored by an emasculated probation service we will never know. But how can we have confidence in our legal system when such a dreadful disregard for the law is treated almost as a misdemeanour.
Another case at Southern Derbyshire Magistrates’ Court gives me cause for disquiet. It seems to me natural justice that when a violent offence is committed against an obviously pregnant woman the law should punish the offender and mitigation if any should be treated with the utmost caution. When the court was told the same offender, the partner of the victim, was convicted for ABH against her in November 2022 immediate custody should surely have been the correct sentence. But no! The District Judge, to his shame suspended the sentence. Any right minded person must weep at this blatant observing of those aforementioned invisible guidelines from those who have underfunded prisons and their workforce since 2010. Such indifference to the public will lead to vigilantism and a further disregard for politicians and their public offerings of nirvana. The on line report can be read here.
I have taken the opportunity to publish below Proposals 4 & 5 of "Consultation outcome Government response to consultation and summary of public responses (accessible)
Updated 2 October 2023."
Proposal 4 - The Criminal Justice System should treat possession in public of prohibited knives and offensive weapons more seriously.
Question 10: Should the Criminal Justice System treat those who carry prohibited knives and offensive weapons in public more seriously?
81. We asked respondents for their views on whether the possession of a prohibited knife in a public place should be treated more seriously. We asked respondents to tick one of the following responses and explain the reasoning for their answer. The provided responses were:
Yes
No
82. There was a total of 2,333 responses to this question.
83. The majority of responses (65%) agreed with this proposal with comments from some respondents talking about the devastating impact knife crime has on lives and communities and that this change will better reflect the severity of the crime.
84. Some respondents, including practitioners working with young people, suggested that this proposal may impact negatively on young people who may carry knives in public for self-defence purposes or because they are coerced into carrying the article.
Government response
85. We note concerns raised in relation to this proposal having the potential to impact on vulnerable people who may be coerced into carrying knives. Similar concerns were raised in relation to proposal 3. The courts will always consider each case individually and will take into account mitigating factors, such as age, lack of maturity and vulnerability.
86. The government is clear that it is unlawful to carry knives for self-defence purposes. The Prevention of Crime Act 1953 makes it an offence to carry offensive weapons in a public place, without lawful authority or reasonable excuse. Carrying a knife is likely to entice knife crime in local communities rather than discourage it and will put young people at risk as a result.
87. The government will ask the Sentencing Council to consider amending sentencing guidelines on possession of bladed articles/offensive weapons to treat possession of a prohibited weapon in public more seriously.
Proposal 5 - A new possession offence of bladed articles with the intention to endanger life or to cause fear of violence.
Question 11: Do you agree with the proposal?
88. We asked respondents whether they thought the government should introduce a new offence of possession of bladed articles with the intention to endanger life or to cause fear of violence. We asked respondents to tick one of the following responses and explain the reasoning for their answer. The provided responses were:
Yes
No
89. There was a total of 2,361 responses to this question.
90. The majority of respondents to this question (64%) agreed with this proposal. Respondents in favour of this proposal argued that current legislation does not recognise the severity of carrying a knife with the intention to cause fear and the increased likelihood of escalation resulting in harm or threat to life. Respondents stressed the need to act before the actual act of threatening another person occurs.
91. Some respondents agreed with the proposal, but they shared their views that they thought it would be difficult to prove that there is an intention for an individual carrying a bladed article to endanger life or cause fear of violence.
92. There were also respondents who were of the view that this is already covered under current legislation; the majority of respondents who provided these comments had selected ‘no’ as their answer to this question.
93. Some respondents, including practitioners working with young people, suggested that this proposal may impact negatively on young people who may carry knives in public for self-defence purposes or because they are coerced into carrying the article.
Government response
94. The government will seek to introduce a separate possession offence of bladed articles with the intention to injure or cause fear of violence with a maximum penalty higher than the current offence of possession of an offensive weapon when parliamentary time allows.
95. We believe that there is a gap in knife legislation between simple knife possession and possession and threatening another person. This proposal mirrors existing firearms legislation that has been effectively implemented by prosecutors. We expect that this proposal will support the police in tackling violence before the actual harm has been done and where there is evidence, for example on social media, of taunting or threatening behaviour.
96. We note concerns raised in relation to this proposal having the potential to impact on vulnerable people who may be coerced into carrying knives. The courts will always consider each case individually and will take into account mitigating factors, such as age, lack of maturity and vulnerability.
97. The government is clear that it is unlawful to carry knives for self-defence purposes. The Prevention of Crime Act 1953 makes it an offence to carry offensive weapons in a public place, without lawful authority or reasonable excuse. Carrying a knife is likely to entice knife crime in local communities rather than discourage it and will put young people at risk as a result.
Tuesday 1 August 2023
SOCIETAL BREAKDOWN//CONSERVATIVE "BLAH" OR OPPOSITION "RHUBARB"
Below is the main headline from today`s Times newspaper.
We are now at the cusp of another football season. And once again today`s Times provides the subject matter.
There is little doubt in my opinion that the referees will follow the hard line of their paymasters. Unlike those above, referees` emoluments and indeed their fitness to officiate will be judged at almost the speed of light by those who pull the financial strings within professional football. Whether or not football clubs` and police efficiency in identifying and prosecuting those supporters for whom the beautiful game is just an opportunity to cause havoc and mayhem will bring law `n order back to the terraces is another matter. The figures below for those hooligans who have been subjected to recent football banning orders do not offer high hopes that such disgusting behaviour will be any less in the forthcoming season as in the past.
It takes more than statistics for historians to decide when a society has broken down. Public disorder and its treatment or curtailment are one disturbing factor but combined with hidden and not so hidden police corruption the signs are there for all to see as is the failure of supervisory bodies in many professions and organisations. But it is for government to act. Over the next eighteen months we will find out if it is Conservative blah or Opposition rhubarb which wins the day.
Tuesday 18 July 2023
KNIFE CRIME SENTENCING; THEORY & PRACTICE
We are expecting a general election next year. As a matter of curiosity I attempted to see a copy of the Conservative Party manifesto for the election of 2010. A normal search indicated it was not available for public observation.
Tuesday 1 November 2022
ONE COURT`S MEAT IS ANOTHER COURT`S POISON
Lawyers involved in criminal law have a lot to read. Daily, thousands of cases are decided. Whilst most are routine in the broadest sense of that word because for those involved be they witnesses of defendants they are anything but, there are always a few where there are lessons to be learnt or an exposed conflict between the letter of the law and its spirit. For the interested non lawyer only those cases which make the national or increasingly under reported local news media are attention worthy. Occasionally this blogger considers them worth a few minutes of his and others` limited reading time.
Perhaps the most interesting revelation of recent weeks is an insight into how woke our justice system has become. The tendency for so called "diversity" to be upheld as the 11th commandment is to me of great concern. It reveals a desire for superficial appearances in thought, mind, intention, opinion or deed to be of a uniform nature on pain of expulsion or to use the current terminology "cancellation". The individual who has expounded this "philosophy" is no less than the Master of the Rolls. Whilst there is much to be improved with British judges and especially those at the top of the judicial tree such comments are in my humble opinion most unhelpful. Perhaps judges` dining quarters (where I have in times past been a guest whilst sitting on appeals) should display a notice of topics to be outlawed. Perhaps there should be microphones hidden under the dining tables to catch those robed figures in full flow over their Salade Niçoise.
As if Bristol University has not self harmed over its years long refusal to sack antisemitic lecturer David Miller it is now faced with demands over its policy regarding the well being or otherwise of the students under its care. Whilst not currently a matter for lawyers it might soon be. The very sad case of Natasha Abrahart must strike a chord with every parent with a student child. I recollect that when as a parent amongst many others I was in a lecture hall at Newcastle University where my son was considering enrolment listening to a professor telling us that the university could not discuss with parents any matters; educational or medical affecting their children because they were over the age of 18 and their consent would be required. Too many student suicides surely must force authorities to allow a middle ground of common sense to overcome rigidity of historic practices.
The Home Office and its bosses are currently very newsworthy for an authority which is the epitome of all that is lawful in practice. Nimbyism will forever be a trade off between local rights and political favouritism and a greater national interest. Nowhere is this more relevant than in the dispersal of illegal immigrants to hotels and accommodation in areas palpably unsuitable. Perhaps a court will again have to overrule the wishes of this department of state.
Having personally been delayed on the M25 for over an hour by so called protesters I am pleased at this judicial ruling last week. These misguided individuals are proto fascists seeking to impose upon so many others their supposed solution to a massive problem. This ruling must be followed by others similar when required.
Knife crime even when the weapon is brandished but not used must be punished by immediate custody has been the mantra of Lord Chancellors for a decade. Oooops but the tidal wave of cases where "mental health" is an excuse seems to have infected the judiciary to see things differently. In such matters I ask myself how did the generations of the last century survive such problems with a weary "get on with it " attitude but then perhaps I really am a dinosaur out of touch with current norms.
Legal interpreters, translators and other language service providers have long been an essential part of the justice system. The ability to understand the case against you and to understand the process you are subject to, either as a plaintiff or defendant, is a vital part of the right to a fair trial and is guaranteed both by centuries-old common law and Articles 5 (right to liberty and security of person) and 6 (right to a fair trial) of the European Convention on Human Rights. Answering questions about this privatisation contract in the House of Lords on 9 July 2012, Lord McNally Minister of State for Justice stated that the courts receive ‘some 800 requests a day for such interpretation’. In an attempt to make savings of up to a reported £12 million per year as well as to make the system more efficient, the MoJ entered a four-year framework agreement in August 2011 worth £168 million with a small private language service provider, Applied Language Solutions Ltd (ALS), to provide legal interpreting services potentially across the whole justice system (police, courts, prisons, etc.) A further five-year contract, under the framework agreement (‘agreement’), worth £90 million signed by the Ministry in October 2011 and took effect in January 2012 covering mainly the courts and tribunals, has courted much controversy. It has been the subject of two parliamentary select committee inquiries and a report which revealed the total inadequacy of the individuals responsible for approving the deal. Shortly afterwards ALS was sold to Capita the outsourcing firm for a large profit. Probably some time after the 30 year rule the shenanigans will be revealed. Meanwhile the consequences continue. This is an example.
I have at times castigated judiciary for saying too much and occasionally too little about the inadequacies of the judicial system at present. At Swansea crown court HH Judge Geraint Walters spoke I`m sure for many of his colleagues when he raged at the CPS.
It was the recommended practice in my day not to ban drivers in their absence and to do everything to secure their attendance at court. The reason of course was obvious: no driver should be driving with a disqualification over his/her head about which s/he was unaware. I wonder what efforts were made at Harrogate magistrates court to drag these offenders to court to hear their fate straight from the horse`s mouth?
A round of strike action at magistrates courts under the auspices of the Public and Commercial Services Union led by far left boss Mark Serwotka ended on October 30th. According to the union it has a mandate to take further action and reserves the right to call more strike action if necessary. Considering the problems currently with magistrates courts` backlog one would hope that sense will prevail but of course one court`s meat is another court`s poison.
Tuesday 23 August 2022
A PUDDING TO REDUCE KNIFE CRIME
https://thejusticeofthepeaceblog.blogspot.com/search?q=KNIFE+CRIME
For ease of access I have begun today`s post with the link above. The first four of the posts offer a brief outline of the farce that is this government`s supposed "fight" against knife crime. Almost without fail successive Lord Chancellors have employed their vast public relations resources to shout loudly of the government`s intention to curb knife crime. In each and every case it has been a shout in the wilderness where there is nobody listening. Year after year the numbers tell a different story. Those prepared to carry a bladed article are not listening and neither are the judges who continue it seems to ignore the gory tragedies that are daily taking place on our streets. Sentence for possession of a bladed article like all sentencing matters is governed by the Sentencing Council. The guideline like all the rest is akin to an explanation in plain English of an algorithm. Indeed my opinion is that within a decade an algorithm will actually be employed with human judicial override to fine check the conclusion in a similar manner to driverless cars and other forms of transport. The CPS guidance on charging those whose cases are presented to them by police are no less onerous. Indeed it is a wonder that anybody suspected of breaking the law on bladed articles is charged at all never mind imprisoned.
It is a perennial problem which this and previous Tory governments have been unable to reduce. The current incumbent at Petty France currently is seeking to blame barristers for all his department`s woes and groans. It takes teams of academics to analyse knife crime. To understand the reasoning behind judicial decisions must be like the proverbial painting of the Forth Bridge. However as is said; the proof of the pudding is in the eating and the public taste is one of disdain for the abilities of the judicial process to adequately deter and punish those who leave their homes and roam the streets with a knife on their person.
Tuesday 28 June 2022
FROM ROE-V-WADE TO NEW MAGISTRATES AND MUCH IN BETWEEN
Generally the most interesting legal news events are covered by national media. By their very nature such events are of but passing interest to many people. Some are centred in distant places or of topics distant in importance to the average reader. Apart from expressing my own opinions there are always some areas where what goes on in courts can have a real effect on the majority of citizens who have never stepped inside such a building.
Monday 25 October 2021
MAGISTRATES ASSOCIATION REVEALS ITS WOKE APPROACH TO JUSTICE
The Kingdom of England can arguably be stated as having been founded in the last century of the first millennium perhaps a century after the founding of the northern part of the British Isles known as Scotland. The 13th century saw the incorporation of Wales into the Kingdom of England. The Kingdom of Ireland was brought under English control between 1541 and 1691. A sixteenth century royal marriage led to the Union of the Crowns in 1603 and the Kingdom of Great Britain was created in 1707 leading to the formation of the United Kingdom of Great Britain and Ireland in 1801. The establishment of the Irish Free State in 1922 led to the current designation of the United Kingdom of Great Britain and Northern Ireland in 1927. The underlying political sentiments of those involved particularly for the last 200 years have been that there is much more that unites us than divides us. That is until the latter part of the last century. Whether by benign neglect or the emergence of an anti colonialism mind set in Scotland and Ireland separatism as a target began to take hold in some philosophical/historical minds and actions within both nations. The modern tragedy of Irish nationalism is still with us and the Scots seem to be plunging deeper and deeper into a death wish of economic turbulence and possible collapse. So what has this to do with a blog written by a retired magistrate with an interest in justice and the law? In the last few weeks the Magistrates Association has been following a singularly IMHO divisive line of its thinking as indicated by its Tweets.
·
It’s National
Coming Out Day! Our LGBT+ Diversity and Inclusion Network provides a safe space
for LGBT+ magistrates to discuss any issues which may affect them in court, as
well champion equality and respect within the justice system
·
#BlackHistoryMonth recommended reading:
Influential Black Britons illustrated book (published by UK Parliament). This
resource lists individuals who have impacted UK laws and equal rights. Olaudah
Equiano, Mary Prince, Claudia Jones, Lord Learie Constantine, Bernie Grant…
(2/20)
It’s National Coming Out Day! Our LGBT+ Diversity
and Inclusion Network provides a safe space for LGBT+ magistrates to discuss
any issues which may affect them in court, as well champion equality and
respect within the justice system. Find out more at - https://magistrates-association.org.uk/What-We-Do/MA-
·
Over on the
Instagram, Dan, our trustee and deputy chair of our
LGBT+ Special Interest Group, talks about the importance of having a diverse
magistracy and some of the transferable skills magistrates gain that can be so
valuable to employers.
·
Knife crime is a serious problem but there is no
robust evidence that stop and search is the answer, while it could further
damage the trust and confidence that Black, Asian and Minority Ethnic
communities have in the justice system.
·
The MA’s disproportionality presentation provides
information about the disproportionate over-representation of Black, Asian and
Minority Ethnic people in the youth justice system, and what magistrates can do
to address this in and out of the courtroom.
·
It is encouraging that 18% of new magistrates are
under 40, though there is still work to be done to attract more volunteers from
Black, Asian and Minority Ethnic backgrounds.
·
‘Must-Listen-To’ Claxon:
Hear MA board member & chair of our Young Magistrates Group,
, talk on
#FourThought about what it’s like to be a
young magistrate, and why having more will improve justice. Luke you were
excellent
·
Modelling for raising the retirement age to 75
projected that there will be 0.8% fewer BAME magistrates in any given year than
at present. The MA has called for this impact on diversity to be mitigated by
recruitment specifically targeting under-represented groups.
·
'There is certainly no such thing as your
stereotypical magistrate'.
Some retweets..
Magistrates Association Retweeted
·
Joining colleagues from across the UK for the
inaugural meeting of the Black, Asian and Ethnic
Minority Special Interest Group. Speakers included the MA Chair
and new CEO @TomFranklinUK
Dan, MA trustee and deputy chair of our LGBT+
Special Interest Group, speaks to
as part of #PrideMonth
What those tweets indicate to me is that the Magistrates Association following the many examples of woke inspired separatism is functioning in the mistaken belief that representation of all manor of variations in the make up of society provides a better quality of justice for all those who come to court. In simple terms the so called life truths of a bench are more likely to provide outcomes which suit the individual`s circumstances than the intellectual challenge of weighing up evidence so that the facts of a case are teased from all that the court must consider in coming to its conclusion. The practices of the M.A. in having sub committees for some of the very varied groupings in our society is inimitable to the cohesion which binds together those very same groupings. Undue emphasis on "diversity" risks a mockery of the judicial oath; “I, ______ , do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of ______ ,
and I will do I will do right to all manner of people after the laws and usages of this Realm, without fear or favour , affection or ill-will." [my bold]. There will be those who will retort that it takes eg a "life truth" of living as an impoverished or racially abused member of a minority group to understand and appreciate circumstances of any offender`s particular actions but from my experience much thinking along those lines is in direct contradiction of the last eight words of the oath above. The continued emphasis on recruitment to supposedly represent society does no favour for selecting the best people to be sitting in judgement on their fellow citizens. For example in Bradford where the ethnic composition is that the largest religious group is Christian (45.9% of the population) and nearly one quarter of the population (24.7%) is Muslim is that to be the target by the advisory committee charged with appointment of magistrates? 20.7% of Bradford citizens self declare that they do not follow a religion. Are they too to be represented on the Bench in that proportion?
When I was appointed in 1997 a question on the application form was for the applicant to state which political party benefited from his/her vote at the previous general election. I left it unanswered. In due course I received a letter enclosing my application telling me that unless I resubmitted the form with every question answered my application would not be considered. I duly filled in the name of the political party for which I had voted. That question was omitted from the form a few years later. The powers that be no longer want to know who their applicants vote for but now do want to know so much more about the essence of their very being.
All this might be considered under the term "woke or not woke". When universities and many institutions are afraid to issue firm declarations to students and others who foster hate at those whose opinions they oppose, who ignore antisemitism propagated at all levels of our society in the guise of "anti Zionism" there is a fear pervading many to whom society has bestowed influence that speaking out about any topic which questions current societal mores is a career and/or reputation breaker. In simple terms it`s called self censorship. When fear is the basis of the way we conduct our daily lives proto fascism is appearing over the political horizon. Unfortunately the Magistrates Association is slowly but surely being dragged into this cultural morass.