I retired from the magistracy in 2015 after 17 years mainly as a presiding justice

United Kingdom
My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/

REDUCE SOCIAL SECURITY BENEFITS FOR OFFENDERS

 

06. Jan. 2010. – 14:49:22

Some years ago sitting in a court room of a small town in America`s Deep South I witnessed two chained up miscreants wearing County Jail overalls each making what appeared to be a desperate phone call. With a look of disbelief on their faces after a few words from the judge which didn`t reach the back of the courtroom where I was seated they were led away by a Sheriff`s Deputy complete with Stetson and six gun. Dressed as I was in a Brit`s uniform for a hot climate, tee shirt and shorts and carrying a bag of recently purchased goodies, the judge beckoned me to approach the bench and identify myself. His manner did not allow for any delay in responding to his command. After explaining who and what I was we had an interesting discussion on the similarities and differences between a state county court and an English magistrates` court. When I enquired about the two jailbirds and their phone calls he explained that for the past year the court had been trying to get them to pay fines for minor traffic offences but without success. Since even their final phone calls were of no avail he had sentenced them to serve a day for every dollar unpaid in the county jail.

What a breath of fresh air when compared to this country where even for the index crime defendants serve half only of the custodial term given by the courts. And when it comes to unpaid fines it is very very rarely that custody is the outcome.

Fines are levied according to means within the limits laid down by parliament. Before a fine is imposed in any English court the defendant must declare honestly his income and outgoings on Form MC100. Virtually never is any proof required of what are generally IMHO inaccurate figures. Now when it comes to statistics and conclusions there are as many answers as questions but two figures will suffice for now. At the end of March 2007 there were outstanding fines of £486,597,240 and a year later the figure was £500,630,569. It would be churlish to suggest that everyone fined can afford to pay the full amount on the spot as the law states but half a billion £ owed......!

Many criminologists agree that high level offenders don`t appear from nowhere. They usually begin their careers with low level offending which results in fines. If they play with the system at that stage their respect for law and order is diminished by "getting away with it". By its very nature minor criminality is associated with people on benefits. And of course I am not suggesting that those on benefits are likely to commit crime. But for those that do I believe that it is iniquitous that they continue to receive their benefits in full. There is provision in law for fines to be deducted from earnings or benefits but that is a different issue. I would suggest that after due calculation of seriousness there should be reduction in benefit per se after eg three categorised offences. Those on benefits should not bite the hand that feeds them.

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