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/

WILL ENGLAND FOLLOW SCOTLAND AND ABOLISH SHORT SENTENCES?

 08. Sep. 2010. @ 08:46:40 

It is often discussed whether events or people change the course of history. I make no effort to answer that question but certainly governments by their actions or inaction affect the flow of history and nowhere apart perhaps from the war in Iraq have events been changed between 1997 and now with more repercussions for Joe Public`s Scottish cousin Angus Public than in Scotland after devolution.

Recently the Criminal Justice and Licensing Bill [Scotland] received Royal Assent. Amongst other measures in future children under twelve will not be tried in the Adult Court. The previous age was eight. In England and Wales the age is ten. Recent high profile cases involving children tried under English law in the Adult Court have attracted much criticism. And that leads to the other major change soon to be effected north of the border; short term sentences under three months will be abolished in favour of “community payback”. This for me is truly disturbing. I am firmly in the “prison works” camp. The arguments for and against are well known and don`t need repeating here. 

When a momentous radical step such as this takes place it is almost impossible to reverse the decision even when rational argument for a change back is virtually unanswerable……..the altered situation has become the norm. Examples which come to mind are the NHS mantra of no charge at point of care or some such similar phrase or the British police is not an armed force. In both cases policy changes are activated through the back door. 

Often where Scotland leads England follows. I sincerely hope that with short sentences the exception will prove the rule. 

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