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/

AN UNUSUAL DAY IN COURT

 

29. Jan. 2010. – 16:53:46

It`s bit like waiting for a bus on a rainy night; none comes for ages and then three at once. I suppose many jobs are routine.....even a heart surgeon or a rocket scientist has a pathway to follow in order to perform his task effectively and then there`s the one situation when the format has to be radically changed for successful completion.

Looking through my 2009 diary before consigning it in a drawer in case I might need an alibi sometime to prove my innocence....can`t be too careful.......I was reminded of a day last April when three matters came on one after the other.

The first was a drink driver having pleaded guilty........not guilty is extremely rare.... had his counsel tell us in confirmation after we had read reports from probation prior to sentence that he would be unable to do unpaid work because he worked eight hours a day seven days a week . Although this young chap stated that he earned £2,750 a month after tax working in retail sales we thought this highly unusual and difficult for us because his conviction fell right into the unpaid work category for punishment. On questioning it was admitted he worked in the family business and earned £3000 after tax. Needless to add his family business had to do without his overtime services for the next six months.

The next chap, also drink driving, had an alcohol level in breath of 191 ug in breath.....so high it`s off the scale. He was told he was lucky to be alive and his prison sentence was suspended so he could have treatment for alcoholism provided through the probation service. Considering he was only 24 years old if he doesn`t stop now that level of drinking will probably kill him sooner rather than later. I hope he`s not been tempted to break his driving ban drunk or sober.

And finally a professional beggar with previous who was disabled and had an alcohol problem arrested at a nearby railway station where he had been frequently observed by colleagues on their way to and from court and now charged with begging and harassing two women late at night by threatening words. He couldn`t be imprisoned to protect the public...law doesn`t allow it....couldn`t be fined......what would he do?....beg for the fine money........so he was sent away with the "punishment" known as a conditional discharge for six months. If he is convicted at any court in the six months he`ll be back again for the original matter to be re considered.

Just an unusual April day in court.

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