Exceptions proving the rule generally are bad
examples of the law and the legal process at work. Government figures seem to show that in 2013
there were 134,420 convictions of “violence against the person” in crown and
magistrates` courts proceedings and an immediate custody rate of 42.8%. There appear to be variations in the figures
in various analyses. Other tables show 195,139 convictions. Crown court figures for 2012 where the most
serious violence against the person matters are tried have 37,435 convictions;
a conviction rate of 73.2% and a sentence of
immediate custody in 37% of such
cases. So it is somewhat surprising that
earlier this week the judge at Bournemouth Crown Court refrained from sentencing to immediate
imprisonment an offender with seventeen similar previous convictions. Amongst other requirements she was ordered to
undertake during her period of two years suspension of a twelve month sentence
was an anger management course. Of
course only those in court were aware of all the facts of this case but as a
lowly J.P. I am as astonished as the person on the omnibus to Clapham that such
a recidivist should escape a lengthy immediate prison term. But then who am I to criticise?
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 If any comment seems submitted just to advertise a website it will not be published.
Wednesday 13 August 2014
Tuesday 12 August 2014
OUT OF TOUCH
On the bench when I`ve been in a situation where
the term “contempt of court” has entered my mind it has been associated with
the words and/or actions of an individual usually in the dock at that
moment. Like all my colleagues
have experienced at some time defendants have presented wearing all manner of apparel. Females have appeared dressed as if for a
night on the town or as a female colleague remarked earlier this year on
another sitting, “she`s wearing £2,000 worth of gear,” on the appearance of a
middle aged woman on shoplifting charges. The male defendant can be dressed for
the street or in his best(only) dark suit, white shirt and tie or during the
recent hot spell in shirt and shorts.
But I have never had cause or desire to consider manner of dress a
consideration for contempt. Colleagues
in Tamworth, however, took a different view when they were confronted in the
dock by a man with a casual attitude to T shirts and their suitability for
court. I have to say that I disagree with them.
It is very dangerous ground when appearance leads to such considerations
as contempt of court. This apparent imposition of standards is more likely than
not IMHO to have the opposite effect intended; ie contempt for the middle class
mores of an out of touch bench and that in turn does not improve the concept of judgement by one`s peers who are representative of the community as a whole such being the concept of local justice expounded by the huffing and puffing great and good. If 18 year olds can be recruited to the magistracy, and I consider that a ridiculous attempt to enlarge the "diversity" idea, then surely we must be open to dress standards more attuned to those acceptable to 18 year olds?
Monday 11 August 2014
BREATH OF FRESH AIR
Part of the stimulus doing this job
when time wasting and inefficiencies can rob the soul of any meaning is hearing
from colleagues or reading of a procedure which has not previously been
encountered. It is of course of greater
note when interesting legal argument is presented on an issue. One example was during a recent sitting when
counsel for the defendant applied for permission to refer to a newly arrived
document in true Perry Mason style which he told us would go a long way to
exonerate his client. After hearing more details and comments from our legal
advisor we indicated that he could begin to cross examine the complainant
basing such upon some information in the document. It soon was apparent that the details being
explored from the document which had been presented in the civil court on an
entirely different matter were a step too far.
We cleared the public gallery and extensive argument was held on how the
case should proceed. With the agreement of all parties we decided to go part
heard until the judge sitting on the civil matter could make a decision on
whether the document could be used as a basis for cross examination in the magistrates` court thus revealing
hitherto private information to a public gallery entitled to view proceedings.
When sentencing guidelines often
suffocate original thought processes an opportunity to participate in and
listen to detailed argument is like a breath of fresh legal air.
Saturday 9 August 2014
6 MONTHS CUSTODY AND £80 PAYABLE NOW!
The Ministry of Justice is at it again; more interested in headlines
than the pursuit of a rational ethos in the application of all that pertains to
an indispensible branch of government.
Not content with hammering errant motorists (the majority of payers)
with a so called victims surcharge it has now levied such charges on those
receiving immediate custodial sentences at the magistrates` court. Such offenders are more than likely to have
had an alcohol and/or drug problem as the basis of their offending and to be
economically living from day to day at society`s lowest levels and as such be
least able to pay a financial forfeit in addition to a loss of liberty. The new rule will come in from 1
September, and will see those sentenced to 6 months or less ordered to pay £80
and £100 for those given between 6 and 12 months imprisonment by magistrates.
It is expected it will apply to 43,000 cases per year. The government proclaims
that “This change is the final reform
pledged by the coalition in its bid to make offenders pay more to help their
victims”. I don`t sit in the youth
court where existing financial penalties are often paid by parents who have
lost control of their offspring. Those
who have been assaulted by their little darlings have been in the paradoxical
position of having had to pay their little darlings` fines and surcharges. Now those who have been victims of their
children`s serious assaults warranting up to two years custody will have to pay
the additional surcharge. Kafkaesque is
perhaps too simplistic a description of this “innovation”.
There is I believe some obfuscation
where all this additional money goes. It
is somewhat similar to when the National Lottery was founded. At the time we were assured that the cash
raised would not be used for projects that required government funding but
would be used for additional projects in the community. Such was our collective gullibility at the
time that we actually believed that. There is no such charity as Victim Support
registered with the Charity Commission but various organisations have been set
up as per this site. Perhaps the
surcharge has been subject to audit by a non governmental organisation and perhaps
not. However with anything between half
a billion and a billion pounds or more in fines, costs, compensation and this
surcharge already uncollected getting this money
in would surely be a better use of any resources available at Petty France?
Subscribe to:
Posts (Atom)