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/

P.DOHERTY,13 WRAPS of HEROIN & £750 FINE

 

30. Jan. 2010. – 14:53:07

There`s an old well used phrase, "everyone`s equal but some are more equal than others". Where this application should apply is within the criminal justice system. There are often media reports from places as diverse as Russia and Rwanda or Cambodia and Cameroon where, when justice meets the individual, it`s not what you are [a free citizen] but who you are. In my opinion there is a similar trait occasionally appearing in this country.

On Wednesday January 20th the singer Pete Doherty appeared at Gloucester Magistrates` Court in front of a District Judge....why the good judge and not a bench of three magistrates, but that`s another story.....charged with possession of thirteen wraps of heroin. Apparently when he was at Gloucester Crown Court in December the drugs had fallen out of his coat pocket. Seems he has an unusual desire for publicity or he`s just plain stupid. The guideline punishment for such an offender with a clean record ranges from a "medium level" community order; eg 180 hours unpaid work plus perhaps other orders to sentencing at Crown Court which could indicate more than six months in prison and that`s for somebody who hasn`t any previous drugs conviction. Doherty, 30, was charged with possession of heroin and fined £750 with £85 costs. The judge explained that he was not putting him on a drugs rehabilitation order because he was able to afford that for himself. It is unknown whether the judge explained why he was given such a lenient sentence.

It is high profile cases like this that in my humble opinion lead to questions regarding my opening sentence. Because they are in the public eye should those such as Doherty be treated any differently from Joe Public? Do we expect higher standards from them? Why was the fine so low even considering that most other offenders in similar circumstances would be disposed of with a higher band having gone beyond the point at which a fine was suitable punishment.

So if you`re of previously good character, have a six figure income and you accidentally drop thirteen wraps of heroin in court ask the judge or bench of magistrates why you should not be treated like Mr P.Doherty was?

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