03. Mar. 2010. – 19:15:29
I retired from the magistracy in 2015 after 17 years mainly as a presiding justice
- A MAGISTRATE`S DIARIES
- United Kingdom
- My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/
MAGISTRATES SHOULD BE ABLE TO SIT PAST 70
MAGISTRATES & ANOTHER LABOUR INITIATIVE
03. Mar. 2010. – 14:23:41
Today the Home Secretary has announced another "government initiative"; The "Safe and Confident Neighbourhoods" strategy he asserts will build on the success of neighbourhood policing and will ensure anyone with a concern about crime and antisocial behaviour gets the assistance they need. This is another pre election announcement purporting to be a policy but is rather a good intention re-stating what is or should be expected from current management. Whilst it is possible to hold one`s self up to be a hostage of fortune when commenting on government`s intentions when very little is known of the practicalities there is one aspect published which I find disturbing. He outlined a strategy which included inviting chairs of magistrates' benches to make appropriate arrangements by which magistrates could be involved with neighbourhood partnerships in their areas, whilst protecting judicial independence and avoiding any perception of bias;
Call me old fashioned but my view is that Magistrates who are all unpaid volunteers are best suited for that which they have been extensively and expensively trained; to preside over courts of justice where 95% of criminal cases are heard. In their own time many JPs are involved with "Magistrates in the Community" programme demonstrating to local school children just how the legal system works including mock trials where children assume the roles of the court officers....magistrates, lawyers, probation officers etc. Many colleagues also have roles within local organisations giving insights and personal opinions of their role in particular and in general. But the wording of the above quoted paragraph leads me to wonder whether the "arrangements" to which references are made are perhaps at the boundary of what members of the judiciary should be expected to do especially re-reading the last phrase "whilst protecting judicial independence and avoiding any perception of bias"
VICTIM IMPACT STATEMENTS & NOW VICTIM SENTENCING
26. Feb. 2010. – 10:51:47
Victim Impact Statements were introduced into our legal system by that arch-meddler Harriet Harman, when she was minister for constitutional affairs. It is intended to explain the effects upon the victim[s] of the offender`s actions. It was trumpeted as not being intended to affect sentencing. If sentencing were by mathematical calculation on a grid chart that might just be credible but it is flesh and blood judges who sentence. To assert that they are immune from emotional influence is a gross untruth.
In May, Tameside and Salford divisions will pilot schemes in which victims of low level criminal activity influence in how these miscreants should be punished. The scheme will see officers working with victims of shoplifting, criminal damage and anti-social behaviour to find alternative punishments to arrest and charge. So here we have more offenders not only being tried, convicted and sentenced by police without recourse to a court of law but with the added input of victim retribution albeit tempered and not allowed to develop into a full scale eye for an eye sharia type retribution.
I cannot overstate my complete opposition to such developments. Whatever the ostensibly benign motives behind this proposal it is the increasingly not so thin edge of an ever increasing wedge with the potential to develop into what can without euphemism be termed a "police state". A culture of police authoritarianism is slowly gaining momentum and with the public cynicism of our parliamentarians in full flow who or what is there to plug the leaks in our democracy?
POLICE CHIEF GONE MISSING
26. Feb. 2010. – 10:18:18
Perhaps he got lost on the way to his new office.......
DOMESTIC VIOLENCE SHOULD BE A STAND ALONE OFFENCE
25. Feb. 2010. – 16:25:54
POLICE PRAYERS REDUCE CRIME!?!? WHAT NEXT? GARLIC
23. Feb. 2010. – 11:42:31
FOR FINE DEFAULTERS WOULD ONE DAY IN CUSTODY FOR EVERY £ OWED REDUCE THE DEBT?
22. Feb. 2010. – 16:04:40
DANGEROUS DOGS ACTS 1991 & 1871
21. Feb. 2010. – 12:22:58
"Any court of summary jurisdiction may take cognizance of a complaint that a dog is dangerous, and not kept under proper control, and if it appears to the court having cognizance of such complaint that such dog is dangerous, the court may make an order in a summary way directing the dog to be kept by the owner under proper control or destroyed."
This extract from the Dogs Act 1871 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.
THREE FAILED TRIALS BUT HE CAN STILL WALK OUT THE DOOR
. Feb. 2010. – 16:25:07
There are many reasons put forward why Peter Blake at his fourth history making trial by a judge without jury was allowed to leave the court and subsequently abscond. The background is that three previous attempts to try this man failed owing to a suspicion of jury tampering. This current trial where verdict as well as sentence will be that of the single judge will continue without him. It is argued that since he had not failed any previous court hearings remand on bail for this trial was not inappropriate. His bail was not surprise surprise unconditional. Apparently somebody had put up £250K surety and at 2.15pm Feb. 17th there was an indication that a large part of that surety was to be withdrawn the result of which would have been a remand in custody for the duration of the trial unless a substitute were found. He was allowed to speak to his lawyers. There is nothing known about why he was not escorted by officers for that promenade. It was not contrary to his bail conditions. The man was considered so dangerous to three juries that his trial made history. It`s made history again for a totally absurd waywardness on somebody`s part.
JUST A WHIM BUT GOOD LUCK BARRY MAGISTRATES
19. Feb. 2010. – 16:07:37
The mantra of so many organisations especially within the
civil service is "centralise" or "bigger is better". In any
event it often means removing input of whatever description from a local area
at point of contact or taking the button a long way from the buttonhole but
putting an extra long chord on it. When this happens efficiency is as likely to
be reduced as improved. My own experience with Her Majesty`s Court Service
bears this out.
ARE JURIES AS FAIR AS THEY COULD BE?
The Document recently published "Are Juries Fair?" has quite correctly had massive exposure in the media. A justice system in which everyone has confidence is essential to maintain our current liberties reduced as they have been in the last thirteen years.
The document runs to 87 pages so my comments here are necessarily compressed.
This study certainly provides food for thought but in my opinion cannot deliver a verdict because so much was excluded. Without more information and input I am not convinced that we are doing as much as we can to ensure the prime directive; to punish the guilty and acquit those against whom the evidence cannot sustain a guilty verdict.
BECOME A J.P. WE DON`T NEED TO KNOW IF YOU`RE A FREEMASON
15. Feb. 2010. – 16:55:52
A few years ago........about ten or so...........when
applying to be appointed as a Justice of the Peace a candidate had to declare
which political party had been the recipient of his/her last general election
vote, had to demonstrate that "common sense" was a faculty s/he had
and could be demonstrated and that he was or was not a Freemason.
With the current new advice from the Ministry of Justice the
last of those three declarations has been lifted; the others were removed some
years ago.
So now those who objected to having to demonstrate common
sense, owning up to which party they voted for or confirming or denying they
were on the square can apply in good conscience to my boss Jack Straw via the
Appointments Committee.
I wonder what changes in the
Ministry`s estimate of what makes a good magistrate will be mandatory in 2020.
EAST ENDERS MORE VIOLENT THAN THE WILD WEST
14. Feb. 2010. – 17:11:25
Since its availability to the whole
population there has been a continuing discussion whether watching violence on
TV has any effect on children. Most caring parents of under eights would
certainly take note of the 9.00pm "watershed" even just to ensure
their little darling gets enough sleep. Advertisers who pay millions to advertise
products that appeal to children insist that there is no danger to children in
some of the programmes paid for by that advertising insofar as children are
able to discriminate real life from fantasy. Many who are "expert"
and many who are not so "expert" disagree.
What is not in dispute is that many young
children watch Eastenders. I have to admit that I have never seen the programme
but have been aware of its transmission from the shouting and screaming from
the room where others in my house have been watching it. So it was no surprise
to read that in it’s 25 year history, which will be marked with a special live
episode on February 19, there have been 70 deaths – 16 of which were violent.
That represents a 22.8 per cent murder rate, way over the national average of
0.032 per cent.
If children in families where incoherent argument and violence are perhaps just below the surface are exposed to this "in your face, like it is" material three or four times a week is it not likely that their bases for normal behaviour will be altered? It`s possible to argue that violent video games are seen to be fantasy and have limited effects on juvenile behaviour but "family" programmes with content as described above are not the same thing. I say bring back "Wagon Train" and "Gunsmoke".
A SCOTTISH "ALCATRAZ"
The Belgians have had similar problems and in an attempt to alleviate the situation have paid their cousins in Holland to take 500 prisoners for £26 million per annum. What a sensible idea!
It`s not often Belgium sets an example to the rest of Europe but in this matter I give their authorities five gold stars.
DO CRIMINALS HAVE NO CHOICE BUT TO COMMIT CRIME?
12. Feb. 2010. – 12:27:04
WHEN DETERRENT SENTENCES ARE A WASTE OF TIME
12. Feb. 2010. – 14:15:33
On 11th January I commented on the reduction in local court reporting; LOCAL COURT REPORTS ARE A THING OF THE PAST
An erudite legal blogger has posted interesting facts on deterrence as applied in the justice system. However he misses one crucial fact and that whatever is in the mind of the law maker or sentencer the "deterrent sentence" must be promulgated to the others with a propensity to commit similar crimes. For high profile crimes national news programmes and newspapers take an almost ghoulish interest but for low level crime local TV news and newspapers hard copied or on line are the obvious places where such reports would be aired. But with reduced viewing of local TV and court reporting per se increasingly a rare event this just doesn`t happen. Of course there is the word of mouth network in pubs and other places where people of like interests congregate but can deterrence work at a low level. My opinion is that it cannot.
DEVON & CORNWALL POLICE ARE AN EXAMPLE TO THE MET.
11. Feb. 2010. – 11:18:41
On 6th February I commented on the police chief in Hounslow
blaming magistrates` courts for the high rate of burglaries in the town. It was
his contention that if burglars were remanded in custody between court
appearances the problem would be almost solved. His colleagues in Devon and
Exeter Police are more realistic and are getting on with their job of protecting
us, the public, instead of trying to shift the blame to others.
In 2008, 610 house burglaries were reported compared with
402 in 2009 — a reduction of more than 34 per cent. Detective Sergeant Tim
Thornton, of Exeter’s burglary team said the city’s burglary squad continually
monitor the movements of known offenders. He continued, "The process is
quite simple — find out who is responsible by gathering evidence from a number
of sources, ensure prompt arrests and secure convictions. It’s then about keeping
track of known offenders, monitoring their movements and habits and working on
intelligence. If they re-offend or are not rehabilitated the process is
repeated.”
It could be argued that comparing crime in Wild West
London and crime in rural Exeter is not comparing like with like. It cannot be
argued that by attacking the courts Chief Superintendent Bilsen in Hounslow has
revealed a mind set which if typical in the Metropolitan Police Service is
disgraceful. I hope that by now the Commissioner of the Met has reminded his
senior officers of where their job begins and ends; certainly not by slagging
off magistrates.
BREACH OR NO BREACH? YOU COUDN`T MAKE IT UP
09. Feb. 2010. – 11:54:33
A PRAYER MAT or a FLYING CARPET to GET OUT of JAIL
05. Feb. 2010. – 12:47:04
Below is a report from the BBC Website.
But what interests me is the term "religious"....... "having or showing belief in and reverence for a deity; "a religious man"; "religious attitude"
So if a mistletoe waving druid was in court in front of Ms Blair and confirmed his devotions to the wind would his being "religious" allow him the same lenient treatment? Would a member of the cult known as scientology but whose members consider themselves privileged followers of the one and only way to Paradise be given the same status when the term scientology has even been banned from Wikipedia?
WHEN DOMESTIC VIOLENCE HITS THE BUFFERS
05. Feb. 2010. – 11:35:46
END OF DAYS FOR MAGISTRATES?
02. Feb. 2010. – 12:41:38
In February 2005 Magistrates' Courts lost
the power to deal with liquor licenses ie pubs, clubs, restaurants opening
hours, suitability of licensees etc. The power was given to local authorities
with Magistrates' Courts acting as Courts of Appeal.
Since then this government against most of
the advice it received proceeded to implement its plan to turn England &
Wales into the "cafe society" common on the continent where most
people including teenagers can drink in bars and restaurants almost around the
clock without the displays of drunken anarchy found on our streets from Andover
to Yarmouth and including most towns in between.
Since then all the disease trends amongst
heavy drinkers have escalated. Binge drinking, liver disease, drunkenness
associated with criminality have appeared to be on the increase.
The Magistrates' Court, a local institution
for 650 years, is being eroded. The result of removing its powers as described
above and allowing a single District Judge to officiate at trials and high
profile cases eg Pete Doherty last week, is a signal that our days might be
numbered.
Think about it.....if you were
on trial would you prefer three local people to decide your case and if proved
to sentence you or that a single Judge performing as judge and jury took over
both these functions?
WHO RUNS PRISONS? INMATES, EMPLOYEES OR THE GOVERNMENT
31. Jan. 2010. – 15:10:02
There are three constituent parts of any criminal justice system, the process of catching suspected offenders, charging and convicting them in the courts and incarcerating them in prisons. The first two components consist of many people with corresponding checks and balances to ensure justice is done with fairness to all and is seen to be thus done. However when it comes to the running of prisons in general the governor is "king" and almost but not quite an absolute monarch. Controversy erupted last year when it was revealed that governors had power and were using that power to release prisoners far sooner than anybody had authorised.
P.DOHERTY,13 WRAPS of HEROIN & £750 FINE
30. Jan. 2010. – 14:53:07
AN UNUSUAL DAY IN COURT
29. Jan. 2010. – 16:53:46
It`s bit like waiting for a bus on a rainy
night; none comes for ages and then three at once. I suppose many jobs are
routine.....even a heart surgeon or a rocket scientist has a pathway to follow
in order to perform his task effectively and then there`s the one situation
when the format has to be radically changed for successful completion.
Looking through my 2009 diary before
consigning it in a drawer in case I might need an alibi sometime to prove my
innocence....can`t be too careful.......I was reminded of a day last April when
three matters came on one after the other.
The first was a drink driver having pleaded
guilty........not guilty is extremely rare.... had his counsel tell us in
confirmation after we had read reports from probation prior to sentence that he
would be unable to do unpaid work because he worked eight hours a day seven
days a week . Although this young chap stated that he earned £2,750 a month
after tax working in retail sales we thought this highly unusual and difficult
for us because his conviction fell right into the unpaid work category for punishment.
On questioning it was admitted he worked in the family business and earned
£3000 after tax. Needless to add his family business had to do without his
overtime services for the next six months.
The next chap, also drink driving, had an
alcohol level in breath of 191 ug in breath.....so high it`s off the scale. He
was told he was lucky to be alive and his prison sentence was suspended so he
could have treatment for alcoholism provided through the probation service.
Considering he was only 24 years old if he doesn`t stop now that level of
drinking will probably kill him sooner rather than later. I hope he`s not been
tempted to break his driving ban drunk or sober.
And finally a professional beggar with
previous who was disabled and had an alcohol problem arrested at a nearby
railway station where he had been frequently observed by colleagues on their
way to and from court and now charged with begging and harassing two women late
at night by threatening words. He couldn`t be imprisoned to protect the public...law
doesn`t allow it....couldn`t be fined......what would he do?....beg for the
fine money........so he was sent away with the "punishment" known as
a conditional discharge for six months. If he is convicted at any court in the
six months he`ll be back again for the original matter to be re considered.
Just an unusual April day in court.
TAKE "GOOD" BABIES FROM EVIL PARENTS?
26. Jan. 2010. – 14:31:54
Generally it has been considered in the
balance between "nature" and "nurture" that a baby even
with the most dreadful genetic origins if cared for by and within a loving
family can develop into an upright citizen. This position has been reinforced
by studies which show that a baby`s brain and the nervous connections within it
grow and take form for some years and even to the late teens the adult brain is
still approaching its final configuration. The Society of Jesus commonly known
as the Jesuits knew this centuries ago..."Give me the children until they
are seven and anyone may have them afterwards." St.Francis Xavier.
With the current case of the two children
in Edlington the option of removing the children from their home environment
has been and gone. But can this be the event which finally removes the social
services from the mantra that where possible it is preferred not to remove
children from their parent[s]. Perhaps the question should in future be changed
to "why should this child not be removed from a parent and placed
with family well vetted and approved for adoption".
As a family man and self admitted
libertarian it is difficult to accept that a child and society could? would?
benefit from such an authoritarian action but the disfunctionality in our
society, even if we don`t all agree with a certain Mr Cameron, has reached such
a level that the choice is now upon us.