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/

VICTIM IMPACT STATEMENTS & NOW VICTIM SENTENCING

 26. Feb. 2010. – 10:51:47

A system of criminal justice whether in Biblical times or England in the 17th or 21st century arises and develops when the squire, lord of the manor, earl or laterally the state dispenses justice with a dispassionate hand to maintain order and to remove the likelihood of vigilantism, victims` revenge, vendetta or however one would describe taking the law into one`s own hands.
Victim Impact Statements were introduced into our legal system by that arch-meddler Harriet Harman, when she was minister for constitutional affairs. It is intended to explain the effects upon the victim[s] of the offender`s actions. It was trumpeted as not being intended to affect sentencing. If sentencing were by mathematical calculation on a grid chart that might just be credible but it is flesh and blood judges who sentence. To assert that they are immune from emotional influence is a gross untruth.

It seems that comments on Greater Manchester Police have been a source of a few topics on this blog. Today is another when that force`s initiatives for good or evil have informed this effort.
In May, Tameside and Salford divisions will pilot schemes in which victims of low level criminal activity influence in how these miscreants should be punished. The scheme will see officers working with victims of shoplifting, criminal damage and anti-social behaviour to find alternative punishments to arrest and charge. So here we have more offenders not only being tried, convicted and sentenced by police without recourse to a court of law but with the added input of victim retribution albeit tempered and not allowed to develop into a full scale eye for an eye sharia type retribution.

I cannot overstate my complete opposition to such developments. Whatever the ostensibly benign motives behind this proposal it is the increasingly not so thin edge of an ever increasing wedge with the potential to develop into what can without euphemism be termed a "police state". A culture of police authoritarianism is slowly gaining momentum and with the public cynicism of our parliamentarians in full flow who or what is there to plug the leaks in our democracy? 


 

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