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/

IT`S ALL RELATIVE

 21. Sep. 2010. @ 13:56:44 by TheJusticeofthePeace

Everything in this world is relative. Whether large or small, fast or slow, widespread or rare, black or white, rich or poor, ugly or beautiful, deadly or benign and nowhere are these contrasts more fiercely debated than in the punishments allowed under the criminal law. And when these punishments are in the form of a fine the comparisons are often surprising.

Driving without insurance is a very common offence to come before a bench. Disqualification is available for serial offenders or where the circumstances demand that the public should be protected from that offender being on the road but it is more usual to punish by points on a license and a fine which although theoretically it could be as much as £5,000 rarely exceeds a tenth of that because it is based on income declared. For an offender pleading guilty [and there`s rarely an alternative if the police have done their homework] the fine is equal to about a week`s wages after tax and in the case of somebody on benefits it is unusual for the fine to exceed £200. 

However as I wrote earlier; everything is relative.

Consider a dog owner who allows his dog to crap in a Manchester park. For those who have had the pleasure of seeing their children playing in a park, jumping, skipping, kicking a ball these activities are often balanced against the thought of what muck is hidden in the green grass. Toxoplasmosis, a very nasty disease, is often transmitted to children from dog faeces in parkland. Dog Control Orders were brought in under statutory instrument in 2006. They allow councils to impose fixed penalties or fines on dog owners whose dogs amongst other things are allowed to crap in the park. 

Two such cases were reported recently having been dealt with at Manchester Magistrates` Court. Fine and costs totalling almost £1,000 in one case and a little less in another were handed out. There is no knowledge of the offenders` incomes as they were tried in absence but it can be assumed about £300 - £350 per week was used in calculating the fines which cannot exceed £1,000. 

Dog fouling is nasty! Rogue dog owners deserve every sanction the law provides but so do those who drive knowingly with no insurance. To paraphrase Albert Einstein; “It`s all relative.”


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