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Wednesday 21 January 2015

NOT PROVEN OR NOT GUILTY




Had a case earlier this month where the charge revolved to a great extent around the information held on a mobile phone.  However the local constabulary and the CPS in their wisdom or lack thereof did not provide such evidence.  Once again the hurdle of beyond reasonable doubt allowed a likely offender to walk.  Once again the Scots verdict of not proven described the situation. 

Friday 16 January 2015

GRAYLING`S LAW




The latest events in the saga of Grayling`s Law is reported in the Law Society Gazette.  One sure benefit of this forthcoming election will see the removal of this abomination of a justice secretary from the office he has forever tarnished.

Wednesday 14 January 2015

WHO NEEDS LEGAL AID?







As I recall, only once have I had a QC in front of me and that was in connection with a planning matter of some importance.  It is quite a story in itself when an individual of such exalted status appears before a magistrates` bench.  The fiancée of celebrity Stephen Fry had the benefit of such high level representation when he appeared before Cwmbran magistrates recently. There is a report in the Daily Telegraph.



There is as much similarity in the argument that a “short, sharp custodial sentence” is a waste of time as there is in the debate as to whether a seven day driving ban is any sort of punishment or deterrent in a matter of speeding.   Unless  a ban is of significant length; ie 28 days minimum,  my opinion is and has been that exceeding 100MPH on a motorway is worthy, all things considered,  of there being given serious thought to the imposition of 6 penalty points as the preferred option.  But then what do I know?