http://TheJusticeofthePeace.blog.co.uk/Having been many years a magistrate with a long awareness of the declining freedoms enjoyed by the ordinary citizen and a corresponding fear of the big brother state`s ever increasing encroachment on civil liberties I hope that my personal observations within these general parameters will be of interest to those with an open mind. There is no intention to undermine public confidence in the judiciary or to impugn the integrity of any member of the judiciary or the judiciary in general unless knowledge on a particular individual or episode is already in the public domain.en-EUhttp://backend.userland.com/rss092http://TheJusticeofthePeace.blog.co.uk/http://data5.blog.de/design/preview/7c/6bedaef36da90f9f299dd61b05f139_160x200.jpg <p><img src="http://data8.blog.de/media/414/7091414_8b1ea844dc_m.jpeg" alt="SUSPENDED">I well remember a phrase used more than once during my early training sessions on the bench; “we are not social workers”. Perhaps that negative description is becoming frayed at the edges. Pressures from various Justice Secretaries aided and abetted by <em>their</em> secretaries both permanent and parliamentary private exhort all magistrates to seek all means possible to avoid disposing of offenders by immediate custody. This “directive” by any other terms is financially driven. Of course there are spurious statistics purporting to show that long term rehabilitation outside prison is more likely to succeed than incarceration notwithstanding the emasculation of the probation service and the questionable results from <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/206686/re-conviction-results.pdf">Peterborough and Doncaster.<br> </a><br> Ten years ago magistrates courts were enabled to suspend custodial sentences where appropriate. In the year ended September 2012 magistrates made 68,647 custody orders of which 24,145 (35.17%) were suspended. <a href="http://sentencingcouncil.judiciary.gov.uk/sentencing/suspended-sentences.htm">Suspended Sentence Orders</a> must be activated in whole or in part if an offender is convicted again within the period of suspension. Departure from this requirement must be explained in open court. Therefore it is interesting to read a report from <a href="http://www.thenorthernecho.co.uk/news/crime/10454458.Woman_walks_free_from_court__despite_begging_magistrates_to_send_her_to_prison/">Darlington Magistrates` Court</a> where an offender with convictions within the period of two SSOs did not have her sentenced activated. Two quotes from the report make interesting if contrasting reading (my italics).</p> <blockquote><p>Probation officer Brenda Robertson, who prepared a pre-sentence report on Turnbull said <em><strong>her engagement with the probation service and a number of other agencies had been poor.</strong><br> </em></p></blockquote> <blockquote><p>Chairwoman of bench, Ms Cunningham, chose not to activate Turnbull’s two suspended sentences and increased the operational period of one from 21 months to 24 months, and the other from 12 months to 15 months.<br> “We feel it would be unjust to send you to prison,” she said.<em><strong> “You have worked with probation for a long time</strong></em> and you would be in prison for a very short time and with very little support.” </p></blockquote> <p>Of course the usual caveat must apply insofar as only those in court are fully aware of all the details but it still IMHO makes for interesting reading.</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/18/suspend-the-suspended-16140606/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/18/suspend-the-suspended-16140606/Tue, 18 Jun 2013 15:22:36 +0200 <p><img src="http://data8.blog.de/media/706/7089706_5163e40242_m.jpeg" alt="HUFF AND PUFF">Sooner or later every Justice Secretary promises that those possessing knives or similar in a public place will face the <a href="http://thejusticeofthepeace.blog.co.uk/2011/09/02/the-scandal-of-sentencing-for-knife-crime-11767989/">full wrath of the law</a>. It seems that however much the incumbent <a href="http://www.telegraph.co.uk/news/uknews/crime/10104725/Soft-sentences-for-knife-crime-despite-Chris-Grayling-pledge.html">huffs and puffs</a> those who undertake the sentencing of such offenders take a different view. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/17/huffing-and-puffing-16136213/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/17/huffing-and-puffing-16136213/Mon, 17 Jun 2013 13:33:46 +0200 <p><a href="https://www.gov.uk/government/publications/sentencing-statistics-annual-ns">Sentencing statistics</a> usually have something for everyone. Judge for yourself. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/17/sentencing-statistics-16136068/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/17/sentencing-statistics-16136068/Mon, 17 Jun 2013 12:47:11 +0200 <p><img src="http://data8.blog.de/media/946/7087946_a8b2706eb5_m.jpeg" alt="EGGING CAR">Our Bench Support Office knowing of my possible availability for emergency or short notice sittings has allowed me more sittings than perhaps the Lord Chancellor would want although I have been assured by more than one Bench Chairman that many benches would have difficulties without there being a coterie of “high” sitters. When the request is for a chairman in a remand court my default option is to accept for the simple reason that our rota sittings for such courts are much reduced. In order to function fluently post LAPSO and ALLOCATION repetitive sittings are the only way to secure the confidence of colleagues and court users. Such was the situation one late afternoon a couple of weeks ago; a “can you sit tomorrow?” request.</p> <p>After some time sitting exclusively in trial courts the hustle and bustle of a very busy remand court is somewhat stimulating but it also brings home the depressingly familiar theme of the havoc drug and alcohol addiction brings to the lives of so many.</p> <p>Midway through our overnight list of nineteen or twenty came four in a row offenders under the age of forty who had been arrested and charged the previous day with theft from a shop. They ranged from a mid twenties Romanian stopped at the supermarket exit with bundles of nappies to a South Asian with over £800 worth of assorted goods in his trolley. The offender with the least number of previous had two pages of similar. A sentence of the maximum available to a magistrates` court with allowance for what is termed “an early guilty” plea was inevitable although why an allowance for pleading guilty should be available for somebody caught red handed by security staff in addition to a complete visual record on CCTV strains the credibility of the justice system. In this real world he was informed that he would most likely, at the discretion of the prison governor, be released on license after serving only half the sentence ie nine weeks. By the time it came for the lawyer for the fourth in line to mitigate on his client’s behalf he acknowledged the difficulty of his task having sat there watching the earlier processes. Whatever the problems facing lawyers offering criminal legal aid the vast majority to whom I have listened represent their clients with all due eloquence as they did that morning. I would hope to be able to have the same opinion this time next year.</p> <p>The science of developmental neurology is now unequivocal in its opinion that most men do not reach a state of “brain maturity” until the early twenties. That might have explained the irrational behaviour that led to one particular offender appearing before us. He was 20 years old, lived at home with his wealthy parents who had fled as children from Hungry in 1956 to make their fortune in England. He was of good character and a second year law student. He had been arrested along with a friend for causing criminal damage by throwing eggs at three cars. One car had sustained superficial damage to a door, another to its wipers and the other, the window of which was open, to the upholstery. His guilty plea was accompanied by audible sobs from his mother in the public gallery. The conditional discharge and small amount of compensation was not, of course, what caused that offender to look as if his world had ended: it was the reminder that he would be required to admit to the offence on completion of any form for the <a href="https://www.gov.uk/government/organisations/disclosure-and-barring-service">Disclosure and Barring Service</a>. </p> <p>The remainder of the sitting was rather less depressing apart from the two nineteen year olds arrested for dwelling house burglary who had between them nine similar offences and four offences committed on bail and who screamed all manner of ways in which they were going to get me when their bail application was refused. When they had been taken down our legal advisor asked us if we wished to proceed with charges of contempt. We agreed as one that it would be of no practical use to anybody. We satisfied ourselves by requesting that their lawyers might wish to give their clients appropriate advice for their next appearance at the crown court. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/16/remand-court-just-a-typical-day-16132503/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/16/remand-court-just-a-typical-day-16132503/Sun, 16 Jun 2013 13:54:00 +0200 <p><img src="http://data8.blog.de/media/107/7082107_619ac3425b_m.jpeg" alt="FACIAL IMAGERY">Perverting the course of justice by persuading somebody other than the driver to take penalty points is now an offence well known to the British public including, it is estimated, over a quarter of million who have done exactly that. The continuing fall out from the Huhne and Pryce case with <a href="http://www.guardian.co.uk/uk/2013/jun/12/judge-constance-briscoe-charged-justice">Constance Briscoe QC</a> now formally charged with intending to pervert the course of justice spotlights a ramification of reliance upon <a href="http://www.thenorthernecho.co.uk/news/crime/10480609._/">visual imagery </a>to secure convictions as opposed to the old fashioned method of police patrol cars stopping suspected errant drivers. </p> <p>When I began this job nobody had heard of image analysts outside of John le Carre novels or opinions of planetary geologists on the composition of the Moon, Mars, Europa or other bodies in the solar system. Yet it was only about a month ago that I sat on a case management hearing over a matter of theft to the value of about £9 where the outstanding problem was the obtaining by the defence of an image analyst`s expert opinion as to the identity of the alleged thief who was captured by a CCTV camera. The defendant had set down an alibi defence. CPS agreed that the imagery would be the only evidence available. The bench chairman made the point that surely if the CPS were firm in their belief that there was a case to answer and the threshold had been passed then it was a matter for the bench to make that judgement at trial. But no; we were told that in effect the image analyst would decide if the image was that of the defendant with the obvious conclusion that the case would be dropped or there would be a change of plea subsequent to the expert`s “findings”.</p> <p>I must admit to having difficulty with this. Unlike DNA evidence we are given little or no scientific background to the accuracy of facial analysis and the caveats involved. But of more significance is the cost involved at a time when courts are running without ushers, when low level CPS staff are making many mistakes affecting the efficiency of prosecutors, when legal advisors are at their wits end, when fingers are crossed that interpreters of the required language will turn up, when defendants are self representing because legal aid is unavailable, when courts rarely begin on time owing to delays of prosecution or defence in having made all their preparations by 10.00a.m. etc. etc. etc.</p> <p>So those considering making false declarations on <a href="http://www.legislation.gov.uk/ukpga/1988/52/section/172">s.172</a> forms have been warned. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/13/the-image-analyst-decides-16121319/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/13/the-image-analyst-decides-16121319/Thu, 13 Jun 2013 12:08:38 +0200 <p><img src="http://data8.blog.de/media/740/7080740_5db8305025_m.jpeg" alt="COURT LAYOUT WITHOUT DEFENDANT">A case reported in CRIMELINE prompted me to write a short post on <a href="http://thejusticeofthepeace.blog.co.uk/2013/01/24/tried-in-absence-15460517/">24/01/2013</a>. A few brief words in passing with our D.J. recently, reminded me of a sitting that I had mentally decided to relate as a post some weeks ago but which had been overtaken by other matters. It seems that in future I shall be making more use of my iphone`s audio facility to supplement my short term memory. </p> <p>Two defendants were due to appear for trial on an either way matter which was listed as joint enterprise. At 10.10a.m. we had before us one CPS prosecutor and one lawyer representing Bill. A brief look at the case management form showed that both Bill and Ben had been represented at the 1st listing. Legal aid was available for both. CPS told us that she was relying on two police officers to exhibit CCTV and clothing but would continue without the one witness to the alleged offence who had cried off. Bill`s barrister was ready to proceed and informed us that Bill had told him that Ben had gone to Scotland a few days earlier on a family matter. Legal advisor duly contacted Ben`s solicitor whose mobile was on voicemail. A further call to his office was not much help but a message was left for a response from an authorised person. Meanwhile at about 10.35a.m. we were recalled to be told that the officers had arrived but had forgotten to bring with them the exhibits and were told in no uncertain terms to return to the police station post haste “blues and twos”. Twenty minutes later a solicitor colleague of Ben`s representative arrived to explain that his colleague had been taken ill the previous day and would not be attending. Profuse though his apology was he had no explanation for the court`s not being informed. He had no information on Ben`s whereabouts; indeed he had no file on the case....it was with his colleague. Offers from Bill`s counsel and CPS were quickly forthcoming as was the information that the police officers had arrived complete with exhibits to be used as sole evidence in the case. Proceedings finally began with CPS making an application to proceed in absence of defendant Ben. Virtually unknown in the crown court proceeding in the absence of a defendant is not nearly as uncommon as it once was but there are still hurdles to be jumped to ensure that the interests of justice of all parties are served. Where a defendant fails to attend court the Magistrates’ Courts Act 1980 stipulates that the magistrates <em>must</em> try the case in the defendant’s absence unless it would not be in the interests of justice to do so. The Consolidated Criminal Practice Direction [2002] 3 All ER 904 provides that the court should proceed with the utmost care and caution when deciding whether to proceed to try a defendant in his absence. Guidance has been given by Lord Bingham in R v Jones [2002] UKHL 5, [2002] 2 All ER 113. Where the court exercises its discretion to proceed in the defendant’s absence it will be a matter for the advocate to decide whether to continue to act in the absence of his client. The Coroners` Act 2008 states that trials <em>shall</em> proceed. The Criminal Procedure Rules 2012 Part 37 as amended 1st April 2013 are quite explicit. </p> <p><strong>“Where the defendant is absent—<br> (a)<br> the general rule is that the court will proceed as if the defendant (i) were present, and (ii) had pleaded not guilty (unless a plea already has been taken) and the court must give reasons if it does not do so; but<br> (b)<br> the general rule does not apply if the defendant is under 18;<br> (c)<br> the general rule is subject to the court being satisfied that (i) any summons or requisition was served on the defendant a reasonable time before the hearing, or (ii) in a case in which the hearing has been adjourned, the defendant had reasonable notice of where and when it would resume.”<br> </strong><br> After hearing the arguments against the application by Ben`s lawyer we decided to grant it. In due course we viewed the CCTV DVD which was B&W and, so we were told, unable to be zoomed unlike the original which was in colour with full manipulation available. We inspected the trainers and woolen head apparel allegedly worn by the people whose images were captured on CCTV and one of whom was allegedly in the dock for the offence so captured. </p> <p>At half time a submission of there being no case to answer was put to us by Ben`s solicitor. We agreed and found that there indeed was no case to answer and the charge was dismissed against both. Bill walked out with a dazed look on his face. We decided in the light of all that had gone before not to issue a warrant under the Bail Act for Ben. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/12/tried-in-absence-16117529/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/12/tried-in-absence-16117529/Wed, 12 Jun 2013 17:41:21 +0200 <p><img src="http://data8.blog.de/media/824/7076824_afe630211d_m.jpeg" alt="DRIVING LICENSE">There are currently 34 million vehicles and 38 million licensed drivers in the U.K. In 2009 62,500 drivers were prosecuted at court for driving without due care and attention. Of these 89% pleaded or were found guilty. This is a high rate of conviction. There are various reasons for this “success” rate eg only those where the evidence was overwhelming were pursued to court or perhaps offenders were thankful to be charged with this relatively low level offence as opposed to the more serious offence of dangerous driving. But only two years previously in 2007 23,800 prosecutions were undertaken for the same offence. Others might have knowledge of the reasons behind this difference. But as far as the Ministry of Transport is concerned the costs and reliability of the courts to deal with this offence are questionable. Careless driving is soon to be an offence punishable by a Fixed Penalty Notice issued by police. This poses some interesting points.</p> <p>Without police patrol cars or actually have a beat officer noting a potential offender on the road such FPNs will be just a projection in the minds of those who have initiated this procedure. And as we all know there has been a reduction in police numbers and motorway patrols. Currently the offence carries a maximum fine of £5,000 and 3-9 penalty points although these maxima are rarely applied. My understanding is that the changes are prompted purely by “value for money” insofar as offering remedial driving courses in place of the FPN will prove to be more cost effective in the long run. The thinking behind all this can be found <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/204616/impact-assessment-careless-driving.pdf">here</a>. It is very detailed. Amongst other things there is an assumption that all fines are actually paid. Presumably payment for courses will be in advance. But the most significant sanction will be just 3 penalty points and here is where IMHO the whole scenario fails. Disqualification as a “totter” is geared to amassing 12 points (6 for a new driver) within three years. This maximum distorts the relative penalties vis a vis each other. When the telephone service was running out of numbers eg in London from prefix 01 to 071 and 081 to 0207 and 0208 millions more numbers were created at a stroke. Similarly mobile numbers originally beginning with 7 had a zero prefix attached with similar effect. If the penalty points scale were enlarged to eg 100 points for disqualification finer distinctions could be imposed and allow much greater accuracy in reflecting the penalty to the offence. With 3 points for careless driving it is now equal to the points for using a mobile phone. Does this reflect the relative seriousness of the offences? </p> <p>For most drivers the points sanction far outweighs the financial penalty. The government`s new approach seems to consider this irrelevant.</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/10/bad-driving-penalty-points-system-needs-overhaul-not-an-increase-in-fpns-16109568/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/10/bad-driving-penalty-points-system-needs-overhaul-not-an-increase-in-fpns-16109568/Mon, 10 Jun 2013 13:23:20 +0200 <p><img src="http://data8.blog.de/media/658/7073658_425f965dce_m.jpeg" alt="CRB">As much as any professionals police officers have to be physically, mentally and psychologically on top of their game and like most of us sometimes they don`t quite hit the 100% mark. A few misspoken or omitted words when in confrontation with a member of the public can have repercussions beyond the appreciation of either or both. </p> <p>A miscreant can have a caution administered only upon an admission of guilt. CRB investigation for prospective employees will reveal any caution on a person`s record and that administrative “punishment” can lead to dire consequences unrealised at the time of acceptance. </p> <p>A publication from the Ministry of Justice “<a href="http://www.justice.gov.uk/downloads/oocd/adult-simple-caution-guidance-oocd.pdf">Simple Cautions for Adult Offenders</a>” published 13/04/2013 sets out the details of the cautioning of offenders. Section 3 pp13 + explains the procedures which must be adopted including informing the offender of the consequences of agreeing to be cautioned. </p> <p>A recent ruling in the <a href="http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-22821124">High Court</a> makes interesting reading on this subject.</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/08/cautious-on-cautions-16103039/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/08/cautious-on-cautions-16103039/Sat, 08 Jun 2013 14:07:04 +0200 <p><img src="http://data8.blog.de/media/669/7072669_15a4236a76_m.jpeg" alt="CHRIS GRAYLING">“Either Way Offences” and the retention of a defendant`s right to choose has had as many column inches here as any other topic and was mentioned again as recently as <a href="http://thejusticeofthepeace.blog.co.uk/2013/06/04/a-sop-to-the-lawyers-16089032/">June 4th</a>. My conclusion then was that this was a pecuniary bone thrown to increasingly hungry criminal lawyers. Latest news confirms me in this opinion.</p> <p>The Second Reading of the Anti-Social Behaviour, Crime and Policing Bill takes place on the 10th June. Clause 133, it will be argued, will provide that for shoplifting in an amount less than £200 what was an either way offence of theft will become summary only. So far so good; the press has made much hay over the years reporting thefts of bananas and the like going before judge and jury at the crown court. But and it`s a weird, illogical and unsupportable “but” the defendant`s right to choose jury trial will be unchanged. The only plausible reason for this Alice in Wonderland decision is that Chris Grayling wishes to retain the authority of “he who gives pain” by refusing to lash the remaining skin from criminal lawyers. His defence would be that those of good character and perhaps public position must be given an opportunity to defend themselves to a jury of their peers. That of course begs the question of those self same sainted individuals before the courts on matters such as s5 Public Order or low level Criminal Damage or Assault which are summary only as are many others.</p> <p>It really has come to the state where press releases and announcements from Petty France should be considered just like any P.R. announcements from any shady source. The more they promise the less they should be believed.</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/07/a-shady-source-16100524/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/07/a-shady-source-16100524/Fri, 07 Jun 2013 17:49:40 +0200 <p><img src="http://data8.blog.de/media/660/7070660_d6c33e1566_m.jpeg" alt="PILLAR OF JUSTICE">By now most of the public who are interested will be aware of the damage to our society that will be caused by the impending changes to the system of legal aid. Lawyers` arguments that their self interests are not the subject of their objections are perhaps finally beginning to be accepted. Unfortunately for generations the opposite has often been the case and to overturn historical prejudices is no easy task. <a href="http://www.bbc.co.uk/news/uk-england-birmingham-22788315">Public demonstrations</a> have been <a href="http://www.manchestereveningnews.co.uk/news/greater-manchester-news/lawyers-stage-protest-manchester-magistrates-4051695">seen</a> in many <a href="http://www.guardian.co.uk/law/2013/jun/04/lawyers-protest-legal-aid-cuts">cities</a> and the Lord Chief Justice as long ago as <a href="http://www.independent.co.uk/news/leading-judge-warns-against-legal-aid-cut-1164346.html">1998</a> was warning of dire consequences even then. Currently <a href="http://www.thetimes.co.uk/tto/news/uk/article3782778.ece">judges</a> are pushing against constitutional boundaries to express opinions opposed to government policy. But what of Her Majesty`s loyal opposition………P.M. questions yesterday would have been the perfect time to bring the government to account but other topics seemed to concern Ed Milliband and his cohort. There has been silence from the opposition shadow justice secretary Sadiq Khan. Look at his <a href="http://www.sadiqkhan.co.uk/">personal website</a> and there is no comment at all on the current situation. Go back to his speech (reprinted below) in the House of Commons on Tuesday, 16 November 2010 17:51 on the Response to Legal Aid and Civil Cost Reform. One would have thought that now was a superb opportunity to state the case against the current proposals but it seems not. </p> <blockquote><p><em></p> <p>I am grateful to the Lord Chancellor for giving me advance sight of his statement, and I note his apology at the beginning of it. One must admire the mind-reading ability of senior journalists at The Sunday Telegraph and The Times. It was a huge discourtesy to the House, but it provided the advantage of 24 hours' notice of a statement to be made on the Floor of the House. I am grateful to both Patrick Hennessy and Simon Coates for their ability to do just that. The Green Papers on cutting legal aid and reducing civil costs are among the most important that the Government have published to date. Legal aid is one of the pillars of the welfare state, and was set up by the Labour Government after the second world war. It plays a crucial role in tackling social exclusion, especially in hard times such as now. It ensures that everyone may have access to justice, regardless of their means. Under successive Governments, the legal aid budget has grown to the point where it now stands at more than £2 billion. That is not sustainable, especially in the current economic context.</p> <p>I have six questions for the Lord Chancellor. The previous Labour Government had moved to cap the legal aid budget, and to reduce it. We also planned to turn the Legal Services Commission into an Executive agency. Do the Government have any plans to introduce legislation to achieve that aim?<br> In recent years, we brought the principle of fixed fees into civil and family legal aid cases, introduced means testing into magistrates and Crown courts, and on the very day that the general election was called we signed off on cuts to advocates' fees in the higher courts. We took these decisions because we recognised the need to reduce the legal aid budget. It is worth reminding the House that many of our actions were taken in the teeth of opposition, from both the legal profession and Conservative and Liberal Democrat Members. I am looking forward to hearing their contributions to this debate.</p> <p>Let me be clear: had we been in government today, we, too, would have been announcing savings to the legal aid budget. That is a reality that we all have to acknowledge. The crucial questions are: where to make those savings, and how to spend the money that is left available. What equality impact assessment has the Lord Chancellor undertaken of the proposals? Our policy was-and is-to control the legal aid budget and get value for money for the taxpayer, while optimising services for people who need support the most. That is why we concentrated much of our investment on social welfare legal aid. Legal aid delivered has the power to changelives and save money. The housing possession court duty scheme, for example, saved thousands of people from repossession. It delivered a social and financial good. Are the Government committed to preserving that and similar schemes?</p> <p>What balance do the Government intend to strike between civil and criminal cases? Can the Lord Chancellor explain why he is proposing more severe cuts in civil and family legal aid than in criminal legal aid? Can he say whether he agrees with the Attorney-General, who said that "legal aid is no longer available for a large number of people who ought to be entitled to it"? If so, in what areas does the Lord Chancellor intend to expand the provision of legal aid?</p> <p>We will carefully consider the Green Paper on legal aid and the equally important paper on Lord Justice Jackson's review of civil legal aid costs before we respond in further detail. I would note, however, that Sir Rupert Jackson argued against cutting the legal aid budget, and the Lord Chancellor has decided to ignore that view. In conclusion, the basic test that we will apply in both cases is whether the proposals will deliver a saving to the public purse while ensuring that no one is denied access to justice because of their means.<br> </em></p></blockquote> <p>This blog is apolitical but it seems that apart from minor tinkering around the edges the only Lord Chancellor in our history who is not a lawyer is going to achieve his objectives. It will be impossible to return to the status quo and I fear that irreparable damage to a pillar of our modern legal concept of justice is being effected before our very eyes. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/06/a-pillar-cracks-16095969/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/06/a-pillar-cracks-16095969/Thu, 06 Jun 2013 13:24:33 +0200 <p><img src="http://data8.blog.de/media/904/7068904_3a1c47d64e_s.jpeg" alt="LATE">CRIMELINE is a resource beyond price; it is invaluable. The matter of <a href="http://www.crimeline.info/case/r-director-of-public-prosecutions-v-ipswich-magistrates-court">R (Director Of Public Prosecutions) v Ipswich Magistrates Court</a> will be of interest to every single J.P. The nub of the report is the refusal of the bench to adjourn a trial of domestic violence when the complainant did not appear. And just as a chain is as strong as its weakest link the weakest link in the local CPS is symptomatic of management failure in this matter. Sad to say my feeling is that the CPS at Ipswich is typical of the organisation in any other area. If I had the proverbial penny for every similar simple reason for failure of one sort or another in my own CPS area I would be a wealthy man. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/05/late-16092145/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/05/late-16092145/Wed, 05 Jun 2013 13:34:39 +0200 <p><img src="http://data8.blog.de/media/170/7067170_8de5f87664_s.jpeg" alt="SOP">With the Justice Secretary apparently pre-occupied with cost saving as opposed to justice it is somewhat surprising that a defendant`s right to elect mode of trial has not been discontinued. Instead we now have “<a href="http://sentencingcouncil.judiciary.gov.uk/docs/Allocation_guideline.pdf">allocation</a>” as the watchword. The underlying ethos for this change combined with the abolition of committal proceedings is to speed up the whole legal process and thus to reduce costs from unnecessarily prolonged intermediate processes. This in itself is not a basis for criticism. However considering Mr Grayling`s strained relationship with all parts of the legal fraternity I wonder whether retention of a defendant`s right to choose mode of trial is a sop to that profession which still will not officially recognise the anomaly that is the situation of a single District Judge(MC) presiding over criminal trials whilst repeating the mantra of the entitlement of a jury trial for cases tried at Crown Court. </p> <p>*1<br> chiefly dialect : a piece of food dipped or steeped in a liquid </p> <p>2 a conciliatory or propitiatory bribe, gift, or gesture </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/04/a-sop-to-the-lawyers-16089032/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/04/a-sop-to-the-lawyers-16089032/Tue, 04 Jun 2013 15:17:43 +0200 <p><img src="http://data8.blog.de/media/398/7065398_d7c8069fce_m.jpeg" alt="OUTSIDE THE BOX">The vagaries of the law and the infinite variety of the human condition mean that rarely are two cases precisely the same; they might be similar but similar is similar and identical is identical. Having laid out that opinion a recent short report of a case heard at Coventry Magistrates` Court gave me pause for thought. The paragraph is reprinted below:-</p> <blockquote><p><strong>“Steven John, 40, of Ellacombe Road, Henley Green, was convicted in his absence of breaching a community order by failing to attend supervision, and breaching a suspended sentence by failing to attend supervision. The <u>suspended sentence was increased by three months</u> and he was told to pay £100 costs.”<br> </strong></p></blockquote> <p>I suppose I`m what is described as a high sitter so I`ve had more than my fair share of experience from my years on the bench but never, repeat never, have I been on a bench which concluded that a sanction as above of an increased suspended sentence was the appropriate disposal. With the legal tsunami of LASPO in full flow and no community orders required with a SSO I suppose it could be considered as thinking outside the box with the likelihood of more such disposals ahead of us. I make no criticism because of course only those present knew the full facts but I post today so that others might comment if they see fit.</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/03/outside-the-box-16085142/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/03/outside-the-box-16085142/Mon, 03 Jun 2013 12:33:01 +0200 <p><img src="http://data8.blog.de/media/979/7061979_d5b01c097b_m.jpeg" alt="BAD DRIVING AND COMPUTERS">For the last few days I have had computer problems; not the sort that requires getting my desk top unit to a specialist. No; just a combination of a browser that freezes and a user with just a little bit of knowledge gathered over the years. So after disabling bits and pieces, playing around with safe mode, uninstalling and re-installing it`s still not quite sorted but I can stumble on a little longer. And that`s exactly what the defendant did in the first of our two motoring trials at my last sitting. She was charged with driving without due care and intention. Indeed the details were such that we were surprised that the higher charge of dangerous driving had not been pursued. I suppose on reflection we were not surprised. It does seem that the CPS often prefers the charge in the hand rather than the one in the bush. She was self representing owing to the unavailability of legal aid which would not necessarily have been given even if she had been facing the dangerous driving because as we found out she was of limited financial means but above the financial threshold of legal aid. Her performance in court was not unlike my computer`s. It went in stops and starts and the chairman had in effect to re-install the scene of the allegation to focus her mind when she gave her version of events. There was no doubt as to her guilt and we were able to start the second matter on schedule.</p> <p>He was 38 and, we were told at the outset, of good character and had a clean license. He too was charged with driving without due care and attention. His lawyer was a frequent attender at our court. Subsequently after he was found guilty we discovered he survived mostly on benefits and a low income from part time piece work. The general feeling of the bench when we were discussing the case later was astonishment that he had not taken the FPN when offered. His case was non existent. He knew there was an independent witness and he had nobody except himself. So it cost him around £300 even after we reduced the costs significantly. Then it dawned. His car insurance must have included legal expenses cover. I have no more knowledge on that subject than the next man but to have the insurer meet his legal fees must have been galling to the underwriter. </p> <p>I suspect that if I take my computer to an expert he would fix the current problem but warn me that the system needs attention. He would have done his job and performed as the lawyer did but that doesn`t put right what might be the underlying problem. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/06/01/bad-driving-and-computers-16079250/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/06/01/bad-driving-and-computers-16079250/Sat, 01 Jun 2013 13:29:24 +0200 <p><img src="http://data8.blog.de/media/679/7055679_d5ba6edcf9_s.jpeg" alt="JUDICIARY TO THE BARRICADES">At 7.30a.m. today the headline in The Times was of more interest than normal; namely the government`s intention to privatise our courts. Times legal editor Francis Gibb has been in post for as long as I`ve had an interest in the subject. She is unlikely to be exaggerating the government`s intentions. And surely enough later news bulletins tell us that of course reducing costs is not the government`s be all and end all. It`s increasing value for money for us all as taxpayers which is the essence. With regard to civil courts the argument certainly takes on a different hue. But for the criminal courts system to be anything but 100% controlled in all aspects by the state is nothing short of a constitutional scandal. If ever there was a time for the judiciary of this country to approach the barricades that time has now arrived. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/28/aux-barricades-mes-amis-16065740/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/28/aux-barricades-mes-amis-16065740/Tue, 28 May 2013 17:50:17 +0200 <p><img src="http://data8.blog.de/media/245/7055245_ddeeb98202_m.jpeg" alt="BENCH BALANCING ACT">On May 25th I <a href="http://thejusticeofthepeace.blog.co.uk/2013/05/25/guidelines-or-not-sentencing-is-an-art-not-a-science-16054899/">posted</a> on the issue of Sentencing Guidelines being just that; guidelines and not tramlines. I also remarked on the benefits and necessity of local court reporting by local media. Having made my point it is of course the other side of the coin when a court report fails to paint an accurate picture of the situation. </p> <p>One such failure whether by a lack of understanding or observations driven by political direction is the situation underlying a suspended sentence order. Orders of this kind came into practice as a result of the Criminal Justice Act 2003 and all sentencers are fully aware that such orders can be applied only after an offence is considered so serious that neither a fine nor a community sentence can be justified and custody is the only suitable disposal. At this point the bench must consider whether there is mitigation which suggests that there is a community order which will provide the rehabilitation which will prevent future offending. Now is where the arguments become somewhat clouded; where perhaps the tail of reducing the jail population takes precedence over public safety. Former Justice Secretary Kenneth Clarke was unequivocal in his <a href="http://www.telegraph.co.uk/news/uknews/crime/7862003/Kenneth-Clarke-Fewer-criminals-will-go-to-prison.html">belief</a> that fewer offenders should receive custodial sentences. But returning to the process……..if such an argument can be sustained then the custody order can be suspended for up to two years and, until a few months ago, combined with a community order. That IMHO was the dog wagging part of the process. Having decided that a community order was insufficient to reflect the seriousness of the crime it was considered necessary to accompany a SSO. So if nothing else a little more logic in its now being an <strong>un</strong>necessary accompaniment to a SSO as a result of LASPO, has been applied. </p> <p>The Sunderland Echo has today <a href="http://www.sunderlandecho.com/news/crime/he-could-kill-magistrates-blasted-as-sunderland-alcoholic-walks-free-after-drunken-crash-1-5713143">reported</a> a case which encompasses all the points to which I have so far referred. The discretion by which the bench suspended the custody order was just that; discretion. Another bench might have considered that the requirements were not met and/or that public safety overrode the offender`s individual situation. After all whatever hooch might be available in prison it`s sure to be less than an alcoholic`s regular imbibing. However until a reporter is willing or able to make a comment based on the reality of a situation is there not an argument for an organisation, HMCTS, Magistrates` Association or even CPS, to issue a rejoinder against such biased comments about what is in effect the difficult task of the sentencing balancing act?</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/28/court-reports-and-suspended-sentence-orders-16064968/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/28/court-reports-and-suspended-sentence-orders-16064968/Tue, 28 May 2013 13:15:22 +0200 <p><img src="http://data8.blog.de/media/538/7053538_a09370ba9c_m.jpeg" alt="LET THEM EAT CAKE">During this relaxing if somewhat chilly bank holiday weekend I had no intentions of putting any opinions on line until I read the headline that the outgoing boss of Diageo is retiring with a pension pot of <a href="http://www.scotsman.com/business/management/diageo-boss-walsh-to-net-46m-retirement-fund-1-2945132">£19.2 million</a> plus a slightly smaller amount in shares and stock options. Now if this obviously successful businessman was an entrepreneur in the mould of Richard Branson or Alan Sugar I would wish him well to consider the disposal of the results of a lifetime`s risk in creating success. But this man is a manager; albeit an exceptionally successful one who has increased the wealth of shareholders. Did he and others similar require such astronomical payments to fulfil their duties? Taking an extremely introverted view would Justices of the Peace perform their duties to a higher standard if they were paid a going rate of eg £300 daily? I think not. There surely must be a maximum multiplier in any organisation between the pay of the lowest and highest earner related to median salary which produces the incentives for all to achieve their personal best performances? And the corollary is that there also must be a point of departure from an optimum inter salary relationship which initiates envy and consequent inefficiencies from sections of a workforce or population. “Let them eat cake”, has resonated for over 200 years. The sentiments are as alive today as they were then. It is to be hoped that we have learned to avoid the consequences. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/27/let-them-eat-cake-in-16061034/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/27/let-them-eat-cake-in-16061034/Mon, 27 May 2013 14:31:02 +0200 <p><img src="http://data8.blog.de/media/730/7050730_e0d422e389_m.jpeg" alt="SENTENCING GUIDELINES AS ART">Some time ago after a session sitting on appeals at the crown court enjoying a brief post sitting exchange with the judge she referred to me with a twinkle in her eye and a smile on her face as being almost as severe as Attila the Hun. I`m still not sure how to receive that remark which was quickly followed by some pleasantries before my fellow J.P. and I left the building. I was reminded of that afternoon on reading of <a href="http://www.shropshirestar.com/news/2013/05/23/victims-fury-as-court-lets-telford-attacker-walk-free/">this case</a> reported in the Shropshire Star.</p> <p>Newspapers can only report in the manner they consider suits their readers. We can be thankful that there are still media like the Star. It is essential that such free unencumbered press reports remain available for ordinary people to read about the criminality that goes on around their neighbourhoods. But when commenting on such reports any blogger must take care and remember that sentencing after a guilty plea and a pre sentencing report encompasses much more than will be reported. Contents of the PSR are confidential and not made public and there might also be unreported mitigation which will reveal pertinent facts for the sentencing bench`s consideration. Having cleared the ground it does remain questionable why this offender was not considered to have committed an offence so serious that custody was the only option. </p> <p>On what is reported of the details of the assault it appeared to be a category 1 offence with a starting point of a high level community order and a maximum of six months custody. The details of the order given are not reported but I do wonder at the apparent leniency of the court. In my experience there would have had to have been incredible mitigating circumstances to deter a bench from imposing custody; suspended perhaps, but custody nevertheless. I suppose this case just confirms that Sentencing Guidelines are just that; guidelines but not a straightjacket and that must be good for magistrates, offenders and society. The greater the sentencing restrictions the reduced influence of sentencers from the lowest to the highest and that cannot be good for justice in the long run. Parliament sets the limits and it is for courts to fix the sentence. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/25/guidelines-or-not-sentencing-is-an-art-not-a-science-16054899/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/25/guidelines-or-not-sentencing-is-an-art-not-a-science-16054899/Sat, 25 May 2013 14:04:52 +0200 <p><img src="http://data8.blog.de/media/377/7049377_d7c2c2151d_m.jpeg" alt="LEGAL AID">Anyone interested enough to read this blog will no doubt be aware of the legal profession’s <a href="http://www.lawgazette.co.uk/news/unanimous-profession-votes-training-days-action-face-cuts">unity</a> in the face of the cuts in legal aid euphemistically described by their originator as <a href="http://www.lawgazette.co.uk/news/grayling-asks-quality-standard-pct-firms">reforms</a>. As a non lawyer sitting on the sidelines this blogger can but only sympathise with those likely to be affected both financially and professionally. The arrogance of the Justice Secretary in pushing through these measures can be summed up by this quote, “I don’t believe that most people who find themselves in our criminal justice system are great connoisseurs of legal skills”. This is in reference to the removal of a defendant`s right to a lawyer of his choice. A successful legal aid applicant and there will be a lot fewer of these in future, will have a state appointed lawyer to defend him. And this is where I think that magistrates occupying the middle chair need to prepare themselves to be more interventionist in their dealings with the likely increase in poorly prepared and lesser experienced advocates who will be appearing in our courts. </p> <p>I am fortunate to sit in courts where the turnover in legal advisors has been very low. Thus whilst there is still the accepted formality those of my colleagues who have the confidence to handle a busy remand or sentencing court with minimal assistance from their L/A have that confidence returned by their legal advisors` confidence in them so allowing them to do so with minimum interference. This leads to a virtuous circle and is to the benefit of all involved. Of course there are some bench chairmen who are content to leave the management of the court to their L/A. I sometimes think that if a colleague is not willing to take what could be described as a more active role then perhaps s/he should relinquish the post but that is another story for another time. </p> <p>Returning to today`s theme I have no doubt that our abilities to interfere with the conduct of lesser able lawyers will be sorely tested. Advocates who are unable to conduct examination in chief or cross examination in a logical structured fashion unable or unwilling to focus on the items in dispute or who consider badgering a witness an appropriate way to elicit the “right” answer will need to be restrained by the chairman. </p> <p>Compared to the overall effect on the quality of justice when this once proud country was the envy of all in that regard the effect in the magistrates` courts will be at the lower end of the scale. But considering 93% of all criminal cases begin and end at these courts, I repeat, the abilities of J.P.s will be sorely tested. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/24/court-management-16051559/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/24/court-management-16051559/Fri, 24 May 2013 15:31:13 +0200 <p><img src="http://data8.blog.de/media/477/7047477_8a247e4af9_s.jpeg" alt="VULNERABLE CHILD WITNESS">There has been only limited <a href="http://www.mirror.co.uk/news/uk-news/teenage-sex-abuse-victim-tears-1897282">reporting</a> of a trial at Stafford Crown Court which collapsed two years ago six months after it opened. The case involved alleged abuse of child victims by men of Pakistani origin. For those who subscribe to The Times there is a full report. Indeed the disgraceful conduct of many of the barristers during cross examination of the vulnerable victims will no doubt be commented upon during a Ch4 programme “The Hunt for Britain`s Sex Gangs” being broadcast tonight at 9.00p.m. </p> <p>Not having seen the programme I would hazard a guess that the presiding judge HH Judge Robin Onions will come in for some criticism which, on the surface, appears to be warranted owing to his offering little protection to the victims from very aggressive cross examination; so aggressive that it bordered on being improper and beyond the bounds of being reasonable and justified in the interests of the defendants or in the interests of justice. Keep a watchful eye open whether or when The Office for Judicial Complaints investigates.</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/23/watch-your-onion-16046603/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/23/watch-your-onion-16046603/Thu, 23 May 2013 13:11:06 +0200 <p><img src="http://data8.blog.de/media/141/7047141_178810a0ec_s.jpeg" alt="WEED SMOKER">Perhaps one of the most if not <em>the</em> most frequent miscreants who appear at magistrates` courts are those convicted of possession of cannabis classification of which has varied between B and C depending on how tough a Home Secretary wishes to appear. In 2001 it was reclassified from B to C. 2008 saw possession revert to Class B. A report by the House of Commons Home Affairs Committee included the following sentence in its <a href="http://www.publications.parliament.uk/pa/cm201213/cmselect/cmhaff/184/18414.htm">report</a> of 03/12/2012; “We remain, however, of the view expressed in our predecessors' Report, namely that cannabis be reclassified from class B to C, and therefore regret the decision taken by the Government in 2008”.</p> <p>With all that in mind the <a href="http://www.theyworkforyou.com/wrans/?id=2013-04-25d.150855.h">statistics</a> on cautions and convictions for possession of the weed over the last twenty years might be of interest. Of course the politics of cannabis and other illegal drugs supersede any intelligent debate which might be undertaken. Until a future government has the cojones to accept the argument that drug taking including alcoholism, is primarily a matter of health as opposed to law then the 70% of criminality resulting from these addictions will have little chance of being reduced. My colleagues and I will have to continue imposing financial penalties for simple possession.</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/22/weed-won-t-be-killed-by-fines-16045414/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/22/weed-won-t-be-killed-by-fines-16045414/Wed, 22 May 2013 18:02:51 +0200 <p><img src="http://data8.blog.de/media/894/7044894_c243be4211_s.jpeg" alt="WORDS FAIL ME">One would have thought that a <a href="https://www.gov.uk/government/news/cross-government-reforrms-benefit-charities-and-mutuals">document</a> issued today on behalf of The Rt Hon Nick Clegg MP, Nick Hurd MP and Jeremy Wright MP with the word “<strong>reforms</strong>” in its title would at least have had the spelling of the word “REFORMS” correct. One would have been mistaken. </p> <p>It seems to this blogger that commentary on the document is unnecessary. Read it for yourself and see if you agree.</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/21/speechless-16037023/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/21/speechless-16037023/Tue, 21 May 2013 12:36:56 +0200 <p><img src="http://data8.blog.de/media/862/7044862_ece0889ac0_m.jpeg" alt="VOLUNTEERS">Magistrates are unpaid volunteers. Most, in my experience, value their independence. Most would not be willing to accept payment in lieu of that independence. Many (most?) echo my own view that Her Majesty`s Courts and Tribunal Service in its dealings with magistrates considers us as unpaid employees. In other words that we are as pawns on the justice chessboard to be manoeuvred at the whim of those civil servants; all 26 of them, known as Justices` Clerks. Indeed I have heard tell of such an official telling an annual bench meeting of J.P.s what it can and cannot debate. Be that as it may it seems that that attitude is spreading to other organisations within our justice system. </p> <p>A colleague who spies for me in another part of the country has been invited with his bench colleagues to one or all of a series of meetings sponsored by one of the newly established Pay By Results organisations now running probation services. Nothing odd about that and even refreshments are being offered as an inducement. The fly in this innocuous ointment is that the meetings are all scheduled to begin at 8.45a.m. Now for employed individuals in an organisation this is perfectly reasonable timetabling in bringing knowledge up to date but we are not employees. Many, including myself in past years, have the school run or other obligations early morning. Those (the majority) in full time employment already in many instances must negotiate their sitting time with employers who are showing increasing reluctance in these straightened times to sanction additional time off. Those who are already rota`d to sit on these mornings will decide if they wish to commit to a lengthened day and an earlier rise. Some will and some will not. For the remainder whose leisure time will be subject to further imposition attendance figures will tell all. </p> <p>This radical innovation has been initiated without any prior consultation with members of the bench. One would have thought that a simple on line questionnaire to elicit opinion on timetabling such gatherings would have been time well spent by organisations whose watchword is profit. Indeed the cost of such an exercise would be virtually zero. Perhaps this is also an exercise in power and control. After all if J.P.s can be shunted around in this manner at this time future authority will come easy. If this training breakfast results in a dismal turn out the penny will have dropped: treat us like donkeys or mules and we will be just as stubborn as those four legged creatures. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/21/volunteers-or-unpaid-employees-16036923/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/21/volunteers-or-unpaid-employees-16036923/Tue, 21 May 2013 12:18:12 +0200 <p><img src="http://data8.blog.de/media/319/7043319_a3cd0336bb_m.jpeg" alt="NATIONAL STEREOTYPES">There are some aspects of a society that seem for many to define that society. Swiss trains always run on time; indeed they run like clockwork. Denmark and the Danes could be regarded as tolerant, easygoing, polymorphously perverse, and crazy about bicycles. German industry is so efficient; German cars continue to be in demand as their price rises. French have been described as cheese eating surrender monkeys which is as inaccurate as describing the Irish as drunken navvies although it perhaps could be argued that there are historical precedents for these derogatory opinions. Take almost any country in the world and there will be a national stereotype to be admired and others to be disparaged. A stereotypical criticism of England could be that its streets are always full of litter. And who`s to argue the inaccuracy of that observation? I have posted <a href="http://thejusticeofthepeace.blog.co.uk/2010/05/10/litter-louts-8554879/">here</a> and <a href="http://thejusticeofthepeace.blog.co.uk/2011/04/05/do-fines-for-littering-keep-the-streets-clean-10953152/">here</a> on litter. </p> <p>Generally <a href="http://archive.defra.gov.uk/environment/quality/local/legislation/cnea/documents/fixed-penalty-guidance.pdf">The Clean Neighbourhoods and Environment Act 2005</a> which came into force on 7th June 2005 is the vehicle empowering local councils to issue fixed penalty notices of £50 for those who transgress. c30,000 such notices were issued in the year ended March 2009. For those who do not pay the fine a summons from the local magistrates` courts is the next step in enforcement. The offender is brought to court for non payment of the fine; not for the original offence and can decide to plead guilty and offer what mitigation s/he can resulting in court costs, victim surcharge and a fine not exceeding £2,500 calculated according to her/his means and previous offending (if any) of a similar nature. For those who deny the offence a trial will be scheduled where the defendant can argue her/his case fully protected by legal procedures. Convictions after trial do not enjoy fines` discounts offered to those pleading guilty. </p> <p>But all too often, as with minor motoring offences, offenders ignore all correspondence in the hope, rarely materialising, that the matter will just go away. And that was how, presumably, <a href="http://www.thisisnottingham.co.uk/story-19016037-detail/story.html#axzz2TpP2gF8f">Aaron Wilkinson</a> was fined £600 plus £182.50 costs by Nottingham Magistrates’ Court. No doubt this gentleman will be angry and astonished when he receives the notice of what he owes the court. £782 is indeed an outrageous penalty which resulted from careless disposal of litter which could have been settled for £50 if he`d paid the<a href="http://www.keepbritaintidy.org/KeyIssues/Litter/Default.aspx"> FPN</a>. If he continues to sit on his hands he will receive a visit from bailiffs employed by Her Majesty`s Courts and Tribunal Service. The final step in sagas such as this is the summons for an appearance at a means court where he will be subject to an investigation of his financial status. About 100 fine defaulters are imprisoned annually on the basis of wilful refusal to pay or culpable neglect. There are some who would argue that imprisonment for non payment of a fine is an injustice in itself and a disgraceful outcome in a society which considers itself benevolent and operating an enlightened justice system. That argument could be sustained by the fact that c£2 million is outstanding in non payment of fines, costs, compensation etc. There is virtually no likelihood that that amount will ever be recovered although the fines “current account” is perhaps succeeding in preventing an increase in that figure. My own experience was posted <a href="http://thejusticeofthepeace.blog.co.uk/2013/05/15/what-a-fines-mess-we-re-in-15981936/">here</a> earlier this month. </p> <p>With a general aversion to courts` imprisoning defaulters and the huge hurdle in place for that purpose in my opinion the only viable way to encourage people like the aforementioned Mr Wilkinson to meet his obligations is for there to be sanctions which can reasonably be employed where required eg unpaid work in the community. However with the enormous changes being imposed upon the probation service I see little likelihood of that happening.</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/20/is-littering-a-national-stereotype-16033713/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/20/is-littering-a-national-stereotype-16033713/Mon, 20 May 2013 15:42:26 +0200 <p><img src="http://data8.blog.de/media/016/7040016_20d76b9e9c_m.jpeg" alt="JPs END OF THE ROAD">We are forever being assured by those in control that the institution of the magistracy will continue to be valued. What we are not told is the manner in which that value will be demonstrated. Whether criminal activity is actually reducing or the various statistical analyses make it appear so, judicial activity in the magistrates` courts is reducing as is the number of magistrates. In the last ten years there has been a 10% increase in the combined <a href="http://www.judiciary.gov.uk/publications-and-reports/statistics/diversity-stats-and-gen-overview/annual-ethnicity-statistics/annual-ethnicity-statistics-2003">number</a> of District and Deputy District Judges from 278 to 308.* These are salaried civil servants whose full time equivalent basic gross pay is £102,000. There were 24,267 J.P.s at the last count but in 2008 there were 29,419; a reduction of 17% in just five years. Thus government in the last decade has considered it a viable proposition to increase its wage bill even although all the latest outcomes show that unpaid magistrates working at admittedly slightly slower rates cost less. So! less crime, more District Judges (inc. DDJs) and fewer J.P.s can indicate only one conclusion; namely that government is directing us to be less involved in the criminal courts system and shuffling a rump of J.P.s to such diversions as neighbourhood councils and lower tiers of so called community justice. Confirmation of such long distance intentions has been reinforced for me at least by information from a colleague who sits in another county.</p> <p>When her court was amalgamated the previous allocation of 0.5 DJ for the single court was increased to 1.00 although there was little prospect of an increased workload. The newly combined bench had now a complement of two DJs. Therefore 25% more work must be provided to keep him busy , after all he is being paid £2,000+ a week which means courts formally assigned to the lay bench are assigned to him. Analysis apparently seems to show that with the prevailing guidance in fact only 1.4 DJs are needed. I understand that representations are being made to senior judicial figures to have DJ attendance reduced. I would suggest that such manoeuvrings must be going on in many judicial areas where these recently employed DJs and Deputies are ensconced. </p> <p>If a government wants the country`s citizens to be convicted and sentenced by a single state employee for all summary and some either way matters as is currently the case with trial by a District Judge sitting alone, so be it. But the continuing obfuscation about intentions is not befitting those who profess in public to be proud of our system of summary criminal justice by the citizen peers of those in the dock before them. If the ultimate destination of the magistracy in its current form is the end of the road let it be admitted. </p> <p>ADDENDUM 23/05/2013</p> <p>*Latest figures 22/05/2013 (315 in total) available <a href="http://www.theyworkforyou.com/wrans/?id=2013-05-22a.80.4&s=MAGISTRATES%60+COURTS#g80.5">here</a>. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/18/the-future-of-j-p-s-is-the-end-of-the-road-16010073/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/18/the-future-of-j-p-s-is-the-end-of-the-road-16010073/Sat, 18 May 2013 14:28:31 +0200 <p><img src="http://data8.blog.de/media/182/7038182_9b381017f2_s.jpeg" alt="DEBATE">At a time when the government has assigned police to conduct their own traffic prosecutions in newly designated dedicated <a href="https://www.gov.uk/government/news/traffic-courts-in-every-area">traffic courts</a> an interesting <a href="http://www.theyworkforyou.com/debates/?id=2013-05-16a.873.0&s=MAGISTRATES%60+COURTS#g878.1">debate</a> was yesterday held in the House of Commons: Road Traffic Offences (Sentencing). </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/17/road-traffic-offences-debate-16003825/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/17/road-traffic-offences-debate-16003825/Fri, 17 May 2013 12:56:28 +0200 <p><img src="http://data8.blog.de/media/953/7036953_05b8466839_m.jpeg" alt="PENDULUM SWING">It has long been my opinion that many major decisions on cause/effect, what works/what doesn`t work, in judicial, police or social services areas of expertise are the very opposite of expertise; they are as whimsical as womens` fashions or the latest downloads from Apple. Prison works! Does it? "Short, sharp shock" treatment at detention centres for young criminals (advertised as part of the 1979 Conservative Party Manifesto) Police killers will be given life long imprisonment. Prison is <a href="http://www.abc.net.au/religion/articles/2012/08/29/3578660.htm">inhumane</a>. And so the list goes on adinfinitum. And so the whole process swings to and fro just as does the pendulum. </p> <p>A decade prior to my appointment as a J.P. the Crown Prosecution Service was established to take over the prosecution process from police who had been doing the job since the mid 1800s. And in a few months they will be doing it again. A couple of days ago before an audience of police officers Theresa May announced that <a href="http://www.policeoracle.com/news/Home-Sec-plans-more-police-led-prosecutions-_65206.html">police would take over </a>the prosecution of low level thieves who admit their guilt. A penny will get you a pound if this change in the prosecution pendulum`s direction does not herald an increase in the cases over which police will have discretion to by pass the CPS. It is, however, rather difficult to square this change with the revelation that the Metropolitan Police, literally so often a law unto itself, is apparently out of control insofar as the issue of <a href="http://www.independent.co.uk/news/uk/crime/metropolitan-police-issues-29000-cautions-in-a-year-8613902.html">cautions</a> is concerned. </p> <p>With even the most casual public commentators prefacing many remarks on crime and disorder with the observation that reducing crime figures are open to question and the law `n order debate being reported in increasingly larger type and louder voices perhaps the emasculation of the justice system has reached its maximum and the pendulum is about to repeat its reverse cycle once again. </p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/16/pendulum-of-justice-15994480/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/16/pendulum-of-justice-15994480/Thu, 16 May 2013 13:30:56 +0200 <p><img src="http://data8.blog.de/media/389/7035389_02c2487ed5_s.jpeg" alt="PRAISE AND CRITICISM">I`m not the Home Secretary`s greatest fan but indicating today to an audience of police officers that the murder of one of their number will bring retribution of a <a href="https://www.gov.uk/government/news/theresa-may-life-should-mean-life-for-murdering-a-police-officer">whole life sentence</a> is to be applauded. </p> <p>The release of <a href="http://www.guardian.co.uk/politics/2013/may/13/chris-huhne-prison-humbling">Huhne and ex wife</a> two months into eight month sentences makes a mockery of the current system. Why have minutely tabulated, almost formulaic Sentencing Guidelines, when the coach and horses of early release at the behest of prison authorities et al ride roughshod over the whole process?<br> <img src="http://data8.blog.de/media/407/7035407_bcb70cfeb4_s.jpeg" alt="COACH AND HORSES"></p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/15/he-likes-it-he-likes-it-not-15982227/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/15/he-likes-it-he-likes-it-not-15982227/Wed, 15 May 2013 15:21:01 +0200 <p><img src="http://data8.blog.de/media/263/7035263_85efe814f5_m.jpeg" alt="LAUREL AND HARDY">I first commented on the scandal of unpaid fines <a href="http://thejusticeofthepeace.blog.co.uk/2010/02/22/for-fine-defaulters-would-one-day-in-custody-for-every-owed-reduce-the-debt-8055052/">22/02/2010</a>. I last commented three years later on <a href="http://thejusticeofthepeace.blog.co.uk/2013/02/25/scandal-of-unpaid-fines-for-the-poorest-in-society-15566781/">25/02/2013</a> with a few more posts in <a href="http://thejusticeofthepeace.blog.co.uk/2012/11/22/unpaid-fines-15234975/">between</a>. Not so long ago I sat in the “means court” for the first time in about a year and only then did I fully realise the scale of the problem. It is down purely and simply to the gross mismanagement of the whole fines` system; from the imposition by a court to the hearing at which a defaulter is brought to the means court to explain why a fine or part thereof remains unpaid.</p> <p>All the parts of the system are in disharmony eg the victim surcharge cannot be recorded within part of the system as a separate entity and is lumped in with the fine. Another part of the system cannot separately record costs and these too are somehow added on to other outstanding figures or so I have been informed. Fines from different courts cannot always be associated with the same offender. Payments of fines do not always reach the required account. Offenders can therefore have different accounts simultaneously. Payments deducted from earnings or welfare benefits at source can stop for various reasons without the knowledge of the offender. Although magistrates` courts have powers to remit (alter, reduce) outstanding fines if there is a change in the offenders` circumstances or lodge(eliminate) fines owing from those imprisoned they have no powers to alter decisions originally made at the Crown Court without express authorisation from that court. </p> <p>Considering the above and the reluctance of the powers that be to install a meaningful deterrent within the fines system or to signal a total overhaul of the data collection system that will allow control of the process and real knowledge in real time it is unsurprising that the system is in such a chaotic state. Instead of worshipping at the alter of payment by results to reduce re-offending where the “results” are wide open to “interpretation” the Ministry should apply PBR where results will be as clear as a penalty shootout in the Champions League. If £Xmillion is spent to create a system which recovers £Ymillion in fines etc and Y>X it wouldn`t take an Einstein to determine if savings have been made and at what cost/£. </p> <p>I suppose it`s alright for a simple blogger to make suggestions. After all doesn`t any government employ the brightest people to sort out problems?</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/15/what-a-fines-mess-we-re-in-15981936/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/15/what-a-fines-mess-we-re-in-15981936/Wed, 15 May 2013 14:56:14 +0200 <p><img src="http://data8.blog.de/media/066/7032066_134b92b035_m.jpeg" alt="POLICE CAR ADVERTISING">Remember the good old days when London had black cabs? Those were the days; none of the gaudiness of New York`s yellow monsters nor the assortment of transport taking passengers for suicide rides in Paris or Rome. The capital also had red double decker buses with conductors collecting fares and controlling good natured but sometimes rowdy passengers. Hail a taxi in London and it`s not unlikely to be painted red, yellow, white or any other shade thought to attract parcel laden tourists on a winter`s evening in Oxford Street. However not satisfied with removing the colour bar cab owners now rent their vehicles` bodies for the highest price whether it`s to a brand of travel company or hair shampoo. In a still just about free capitalist society such enterprise can be excused unless the black cab brand itself is sold off along with the red pillar and telephone boxes but what about colour co-ordinated police cars?</p> <p>TV programmes in the police genre based upon the 1950s and 60s are increasingly popular. Perhaps they stir memories of a gentler era where much went unsaid and hypocrisy was de rigueur. Certainly police cars lacked the luminescent tape and illumination like a Christmas tree. All round black paint, a single blue lamp and a hee haw siren were the rule. Times, they are always changin` but have they changed so much that police cars should sport a commercial logo as do the aforementioned taxis? The Police and Crime Commissioner for Dorset is seeking to maximise income for his hard pressed force of cops by renting the local police cars and vans as <a href="http://www.telegraph.co.uk/news/uknews/crime/10031215/Police-commissioner-wants-private-firms-to-sponsor-cars-and-stations.html">mobile advertising sites</a> just as those London cabbies have been doing for some years. The mind boggles. Local fast food outlets might be interested...”fastest deliveries in Dorset”....or....”try our blue light delivery service”. The idea might be contagious. Take courtrooms as an example: remove the Royal coat of arms and replace it with “Juicy Justice, Fast, Fair and Finger Lickin` Good” with the appropriate figure of an old southern gentleman. The sentencing guidelines could be sponsored by a well known store group and have at the header of each page, “Never knowingly undersentenced”. That could surely bring in a few pounds. All magistrates` sentencing pronouncements could be required to end with the words “You know it makes sense”. After all it helped the government of the day promote the wearing of seatbelts. Similarly when a fine is pronounced and the offender is informed of the making of a collection order the final phrase to be added could be, “Every Little Helps”. And in the case of an error in a pronouncement followed by a speedy apology the bench chairman could be mandated to say, “Should`ve gone to Specsavers”. </p> <p>After all when the Justice budget is being cut as if by a blind farmer with an out of control combined harvester surely all ideas of maximising revenue are saving you money every day because change happenz, it does what it says on the wall and it`s so good we put our name on it?</p> <p> <small> <a href="http://TheJusticeofthePeace.blog.co.uk/2013/05/13/what-a-good-idea-15963023/#comments">Comments</a> </small> </p> http://TheJusticeofthePeace.blog.co.uk/2013/05/13/what-a-good-idea-15963023/Mon, 13 May 2013 13:58:53 +0200