18. Sep. 2010. @ 14:04:21 by TheJusticeofthePeace
I have frequently commented that deterrence is a major plank in any criminal justice system. Not only is the deterrent effective at the top end of criminality where thresholds breached can mean the difference between some or many years in prison; it applies at all levels of unlawful behaviour. Of course the greatest deterrent was the death penalty. Apart from the humanitarian arguments, as a very young person I remember the proponents of abolition arguing that a life sentence would be every bit as effective a deterrent against murder as death by hanging. Although there is absolutely no likelihood of capital punishment being re-instated unless we ever elect a fascist government statistical evidence suggests that it was indeed a more effective deterrent than any supposed life sentence.
However if the argument of the effectiveness of deterrence is brought within the compass of everyday life nowhere is it more in the minds of ordinary citizens than when penalty points are accumulated on a driving license.
Twelve points within three years and bang goes that permission to drive for the next six months. If only legal life were so simple. It isn`t, and lawyers make a tidy living from trying to persuade magistrates and judges that the get out of jail free card should be applied to their client. On May 15th and September 6th I discussed at length “exceptional hardship” by which a 12 pointer can escape disqualification. Nowhere in the legislation and case law can I find that that get out scenario can be applied to an individual because he is a very religious and/or good man as a certain Ms C. Blair pronounced on a defendant to whom she gave a sentence outwith normal guidelines and spared him from prison. She was later cleared of misconduct by the Appeal Court.
Recently Bournemouth Magistrates` Court decided that a defendant who had accumulated twelve points would not be disqualified. Exceptional hardship did not apply. The defendant, chest surgeon Khalid Amer, escaped a ban because the bench decided that patients could die if he were disqualified. In my opinion this was a wrong decision in law and an atrocious decision morally. In simply practical terms the defendant presumably was able to afford to hire taxis or drivers when required and even put the costs down against his income for tax purposes. The bench has set a level where their version of the law takes a social stand on the worth of the individual to society. Equality before the law is a necessary adjunct to a just society. Who else will these magistrates consider in the future to be so necessary to the community that they will apply the same misguided judgement?……a priest caught speeding to administer the last rites to a dying parishioner?.........or any number of totters who are unable to claim exceptional hardship but are worthy members of the community whose loss of their license will be detrimental to society?
Justices of the Peace are selected from “the community”. Therefore we are in general prone to occasionally deviate from accepted procedures. I can only conclude that in this instance with the approval of the legal adviser emotion overwhelmed reason and logic. Mr Amer`s case was rightly considered as not being within the definition of exceptional hardship. Mr Amer was exceptionally lucky!
However if the argument of the effectiveness of deterrence is brought within the compass of everyday life nowhere is it more in the minds of ordinary citizens than when penalty points are accumulated on a driving license.
Twelve points within three years and bang goes that permission to drive for the next six months. If only legal life were so simple. It isn`t, and lawyers make a tidy living from trying to persuade magistrates and judges that the get out of jail free card should be applied to their client. On May 15th and September 6th I discussed at length “exceptional hardship” by which a 12 pointer can escape disqualification. Nowhere in the legislation and case law can I find that that get out scenario can be applied to an individual because he is a very religious and/or good man as a certain Ms C. Blair pronounced on a defendant to whom she gave a sentence outwith normal guidelines and spared him from prison. She was later cleared of misconduct by the Appeal Court.
Recently Bournemouth Magistrates` Court decided that a defendant who had accumulated twelve points would not be disqualified. Exceptional hardship did not apply. The defendant, chest surgeon Khalid Amer, escaped a ban because the bench decided that patients could die if he were disqualified. In my opinion this was a wrong decision in law and an atrocious decision morally. In simply practical terms the defendant presumably was able to afford to hire taxis or drivers when required and even put the costs down against his income for tax purposes. The bench has set a level where their version of the law takes a social stand on the worth of the individual to society. Equality before the law is a necessary adjunct to a just society. Who else will these magistrates consider in the future to be so necessary to the community that they will apply the same misguided judgement?……a priest caught speeding to administer the last rites to a dying parishioner?.........or any number of totters who are unable to claim exceptional hardship but are worthy members of the community whose loss of their license will be detrimental to society?
Justices of the Peace are selected from “the community”. Therefore we are in general prone to occasionally deviate from accepted procedures. I can only conclude that in this instance with the approval of the legal adviser emotion overwhelmed reason and logic. Mr Amer`s case was rightly considered as not being within the definition of exceptional hardship. Mr Amer was exceptionally lucky!
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