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..
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Thursday 29 September 2016
SENTENCING BY FOOTBALL RESULTS
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..
Tuesday 27 September 2016
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.
Monday 26 September 2016
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.
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.
Friday 23 September 2016
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.
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.
Wednesday 21 September 2016
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.
This seems to be a perfect example of offering a woman a sentencing option which would not be offered to a male offender.
Tuesday 20 September 2016
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 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.
Monday 19 September 2016
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.
Truly in this regard the real target of police is in their virtual world where image supersedes reality.
Thursday 15 September 2016
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 .
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
Tuesday 13 September 2016
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.
I find it disturbing that such thinking processes led to this police chief`s absurd posturing.
Tuesday 6 September 2016
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