04. Aug. 2010. – 23:06:41
Although he appears to be now backtracking just a trifle from his remarks a month ago on the futility of short sentences Kenneth Clarke`s theme was seized upon by all who consider that community sentences are an answer to many of society`s ills.
First time offenders with absolutely no record of involvement in the criminal justice system; not even a reprimand or caution, rarely are sentenced to imprisonment but it does happen now and again and one such occasion was in early April. The facts were that Ms X a lady in her fifties with very poor English language [an interpreter was required] had arrived here from one of the East European states newly integrated into the European Union. She was charged with assault by beating. She had found work as a care assistant in an old age home. Earlier this year whilst bending down to lift with a colleague a partially paralysed eighty nine years old dementia sufferer from her wheelchair to the lavatory saliva from the old lady`s gaping mouth dropped on her face. She accused her of spitting at her and immediately threw her back on to her chair, wiped her own face and then gave her first a backhanded slap across her face and an open handed slap on the return to the other side of her face, the large ring on her finger [which apparently was against the rules] cutting her lip. This not being enough to assuage her anger she punched her twice on the chest before her colleague forced her to stop. Subsequently she tried to persuade that colleague to lie about the incident and threatened her if she talked to police. She was found guilty after trial.
My two colleagues, one more senior than I and the other a newbie, initially considered that although the offence had crossed the custody threshold personal mitigation could be argued to suspend imprisonment, a disposal which I believe a previous Lord Chief Justice had regretted having been given to Magistrates` Courts by the 2003 Criminal Justice Act as it had been utilised more than anticipated with correspondingly unpredicted numbers who had broken the terms of their suspension being imprisoned thus increasing the prison population..but that`s for another time. When my newbie colleague, who was also a newbie father, told us that in his own mind he had unprompted mentally substituted a vulnerable child in place of a vulnerable adult in this scenario his position had changed and he persuaded our third member likewise.
The sentence was thirteen weeks immediate custody. It was unknown whether or not this individual had a record in her own country although that situation I believe can change with the implementation of section 144 and Schedule 17 of the Coroners and Justice Act 2009. In any case in an environment such as an old age home where many residents have major or minor difficulties communicating, is it not ridiculous that a worker whose English cannot cope with a trial can nevertheless obtain employment? At least Ms X`s days as a carer in the U.K. are over.
This episode in my opinion is typical of much that has changed for the worse in this country. The jobs that apparently do not pay enough for UK citizens to get off their arses to do are gladly taken by hard working and usually honest people from anywhere from Romania to Rwanda. Many years ago when I was a student I spent one summer working in a hospital/care home for permanently disabled ex-servicemen; not only for the experience of caring for those who were almost destroyed for their country but also to make enough to live on for the next term. Most of my friends did similar tasks the more unpleasant the work generally the higher the pay and no gap year gallivants in those days. But then every generation bemoans the current state of affairs." it wasn`t like this in my day."
I feel better now that rant is over. The nice nurse in her short white skirt and uniform says I need to calm down and have a break so I`m off now on a short holiday. Come back here in a week or so if you want more like the above.
First time offenders with absolutely no record of involvement in the criminal justice system; not even a reprimand or caution, rarely are sentenced to imprisonment but it does happen now and again and one such occasion was in early April. The facts were that Ms X a lady in her fifties with very poor English language [an interpreter was required] had arrived here from one of the East European states newly integrated into the European Union. She was charged with assault by beating. She had found work as a care assistant in an old age home. Earlier this year whilst bending down to lift with a colleague a partially paralysed eighty nine years old dementia sufferer from her wheelchair to the lavatory saliva from the old lady`s gaping mouth dropped on her face. She accused her of spitting at her and immediately threw her back on to her chair, wiped her own face and then gave her first a backhanded slap across her face and an open handed slap on the return to the other side of her face, the large ring on her finger [which apparently was against the rules] cutting her lip. This not being enough to assuage her anger she punched her twice on the chest before her colleague forced her to stop. Subsequently she tried to persuade that colleague to lie about the incident and threatened her if she talked to police. She was found guilty after trial.
My two colleagues, one more senior than I and the other a newbie, initially considered that although the offence had crossed the custody threshold personal mitigation could be argued to suspend imprisonment, a disposal which I believe a previous Lord Chief Justice had regretted having been given to Magistrates` Courts by the 2003 Criminal Justice Act as it had been utilised more than anticipated with correspondingly unpredicted numbers who had broken the terms of their suspension being imprisoned thus increasing the prison population..but that`s for another time. When my newbie colleague, who was also a newbie father, told us that in his own mind he had unprompted mentally substituted a vulnerable child in place of a vulnerable adult in this scenario his position had changed and he persuaded our third member likewise.
The sentence was thirteen weeks immediate custody. It was unknown whether or not this individual had a record in her own country although that situation I believe can change with the implementation of section 144 and Schedule 17 of the Coroners and Justice Act 2009. In any case in an environment such as an old age home where many residents have major or minor difficulties communicating, is it not ridiculous that a worker whose English cannot cope with a trial can nevertheless obtain employment? At least Ms X`s days as a carer in the U.K. are over.
This episode in my opinion is typical of much that has changed for the worse in this country. The jobs that apparently do not pay enough for UK citizens to get off their arses to do are gladly taken by hard working and usually honest people from anywhere from Romania to Rwanda. Many years ago when I was a student I spent one summer working in a hospital/care home for permanently disabled ex-servicemen; not only for the experience of caring for those who were almost destroyed for their country but also to make enough to live on for the next term. Most of my friends did similar tasks the more unpleasant the work generally the higher the pay and no gap year gallivants in those days. But then every generation bemoans the current state of affairs." it wasn`t like this in my day."
I feel better now that rant is over. The nice nurse in her short white skirt and uniform says I need to calm down and have a break so I`m off now on a short holiday. Come back here in a week or so if you want more like the above.
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