22. Sep. 2010. @ 08:41:30 by TheJusticeofthePeace
All judges and magistrates must
pay heed to the guidelines published by the Sentencing Council. Ancillary
considerations eg suspending a jail sentence or activating all or part of a
suspended sentence are a matter for the sentencers` judgement……..that`s why we
have judges and magistrates. Magistrates` sentencing powers are with few
exceptions limited to six months` custody. When a bench considers that an
offender might warrant a term greater than this s/he is sent to the Crown Court
to be sentenced by a judge.
Such was the recent case of Billy Perks who was sent to Chester Crown Court for sentencing after offending whilst under a suspended sentence order. From the details given it would seem a judge would have been likely to have activated all or part of the S.S.O. His honour thought differently and allowed the offender to remain in the community.
Two conclusions come to mind. The judge erred in being so lenient and should have activated all or part of the S.S.O. There is no reported reason for the judge`s decision. He also tied himself if not his fellow honours by telling Perks he will certainly be imprisoned if he appears again. Such a decision at this distance appears to require an explanation or an appeal by the Crown Prosecution Service.
Before the election Jack Straw, Labour`s Justice Secretary, observed that over 20,000 cases sent for sentencing to the Crown Court by magistrates resulted in sentences within the magistrates` powers of six months` custody and so could have been retained. Perhaps he should have looked at their honours` disposals to seek answers. Is it too much to hope that his successor Kenneth Clarke will undertake that task?
Such was the recent case of Billy Perks who was sent to Chester Crown Court for sentencing after offending whilst under a suspended sentence order. From the details given it would seem a judge would have been likely to have activated all or part of the S.S.O. His honour thought differently and allowed the offender to remain in the community.
Two conclusions come to mind. The judge erred in being so lenient and should have activated all or part of the S.S.O. There is no reported reason for the judge`s decision. He also tied himself if not his fellow honours by telling Perks he will certainly be imprisoned if he appears again. Such a decision at this distance appears to require an explanation or an appeal by the Crown Prosecution Service.
Before the election Jack Straw, Labour`s Justice Secretary, observed that over 20,000 cases sent for sentencing to the Crown Court by magistrates resulted in sentences within the magistrates` powers of six months` custody and so could have been retained. Perhaps he should have looked at their honours` disposals to seek answers. Is it too much to hope that his successor Kenneth Clarke will undertake that task?
No comments:
Post a Comment