Law and Rights
This week saw a 66 year old shopkeeper fined and "tagged" by Trafford Magistrates' Court. She pleaded guilty to two offences under the Animal Welfare Act 2006 - sections 4 and 11 - see Daily Mail - and the commentator Richard Littlejohn asserts that we are drowning in "regulations and jobsworths" and that the wrong people are being appointed as magistrates - see here. (I disagree with the latter remark). Magistrates use sentencing guidelines and the guidance for the section 4 offence may be seen at page 22 of this document.
A rather more serious case was that of Police Sergeant Smellie who stood trial for assaulting a woman at the G20 protests in 2009. The case was heard by a District Judge (Magistrates' Court) and he was acquitted on the basis of "self defence". The Guardian carried an article by George Monbiot containing some trenchant criticism of this verdict. It is to be noted that the female victim did not give evidence at the hearing. "Self-defence", as is often pointed out, is not strictly a "defence" but it offers a justification for the defendant's conduct. The defendant has to establish a basis that he acted in "self-defence" and it is then for the prosecution to show, beyond a reasonable doubt, that he did not act in self-defence. The "perceptions" of the defendant at the time of the incident are also very relevant since he is judged according to the circumstances which he believed existed: R v Gladstone Williams 1984. The amount of force used must have been "reasonable" in the circumstances. That, in broad terms, is the law. Having said this, I have some sympathy with the view of George Monbiot that Police Officers should not be tried by single judges. There is an essential need for the public to see that the trial process is fair to all parties and for them to have confidence in it. Monbiot argues that a jury should be used but juries are only used in the Crown Court. As the law stands, the choice of court depends on the offence charged and, if the offence is "either-way", on the seriousness of the offence. One possible alternative to a judge sitting alone might have been a judge sitting with two experienced lay magistrates (JPs) - a format which was successfully used here.
The various blogs have been busy this week. Jack of Kent has the interesting libel case of BCA v Singh [2010] EWCA Civ 350 which is concerned with "honest belief" and "fair comment". Jack's blog has shown particular interest in this case - have a look. The case has very important implications which are discussed here.
Head of Legal has argued that now is not the time to go for a written constitution. Of Interest to some lawyers has followed the machinations (involving Jack Straw) over the appointment of the Head of the High Court's Family Division and, in the end, Sir Nicholas Wall has been appointed. The Magistrates' Blog has picked up on the appointment of a Victim's Commissioner and also on Allen v United Kingdom where the European Court of Human Rights has ruled that a defendant's rights under Article 5 were breached when a judge refused her request to attend a hearing about her bail. There is a very outspoken opinion by Judge Bonello. Charon QC - a most interesting and entertaining blog - has launched an excellent new publication- Insite Law Newswire - 1st Edition.
Easter now beckons and the garden needs tidying. Have a good one and let's hope the weather picks up.
Addendum 1st May 2010: The lady "tagged" for the "goldfish" offence has had her appeal against sentence heard. The sentence was changed, very sensibly, to a conditional discharge. See Manchester Evening News.
- Arrested And Refused To Give Names. Daily Mail Complains That They Got Unconditional Bail.
The Daily Mail (7th November) carried an article about three "rioters" who were arrested and who refused to give their names to the Police. According to the article, they had their fingerprints, DNA and photographs taken and spent 48 hours...
- "real Prospect Of A Custodial Sentence" ~ Controversy Over Remands
Battle has been joined between the Magistrates Association and the Howard League ... allow me to explain. The Bail Act 1976 determines whether or not a defendant will be granted bail (with or without conditions). Refusal of bail has to be justified...
- Police Assaulted Man In Custody Suite
Crown Court ~ TeessideThe Telegraph 11th May 2012 published a video showing an assault by Police Sergeant Harvey on an arrested man - Mr David Healer. The assault took place at Peterlee (County Durham) in March 2011. See also the BBC's...
- What Happened In Wigan To A War Hero
The estimable Jack of Kent legal blog carries a post about What Happened to Lance Corporal Mark Aspinall in Wigan on a night out in July 2008. Jack of Kent has raised this because two of the officers have been acquitted by a jury at Manchester Crown...
- The Right To Bail: Is It Disappearing Or Being Whittled Down?
A fundamental element of English criminal law and practice is that the accused is to be considered ?innocent until proven guilty? before a court of law. The ?presumption of innocence? is the foundation of the now very heavily amended Bail Act 1976. The...
Law and Rights
An Easter Miscellany
Head of Legal has argued that now is not the time to go for a written constitution. Of Interest to some lawyers has followed the machinations (involving Jack Straw) over the appointment of the Head of the High Court's Family Division and, in the end, Sir Nicholas Wall has been appointed. The Magistrates' Blog has picked up on the appointment of a Victim's Commissioner and also on Allen v United Kingdom where the European Court of Human Rights has ruled that a defendant's rights under Article 5 were breached when a judge refused her request to attend a hearing about her bail. There is a very outspoken opinion by Judge Bonello. Charon QC - a most interesting and entertaining blog - has launched an excellent new publication- Insite Law Newswire - 1st Edition.
Easter now beckons and the garden needs tidying. Have a good one and let's hope the weather picks up.
Addendum 1st May 2010: The lady "tagged" for the "goldfish" offence has had her appeal against sentence heard. The sentence was changed, very sensibly, to a conditional discharge. See Manchester Evening News.
- Arrested And Refused To Give Names. Daily Mail Complains That They Got Unconditional Bail.
The Daily Mail (7th November) carried an article about three "rioters" who were arrested and who refused to give their names to the Police. According to the article, they had their fingerprints, DNA and photographs taken and spent 48 hours...
- "real Prospect Of A Custodial Sentence" ~ Controversy Over Remands
Battle has been joined between the Magistrates Association and the Howard League ... allow me to explain. The Bail Act 1976 determines whether or not a defendant will be granted bail (with or without conditions). Refusal of bail has to be justified...
- Police Assaulted Man In Custody Suite
Crown Court ~ TeessideThe Telegraph 11th May 2012 published a video showing an assault by Police Sergeant Harvey on an arrested man - Mr David Healer. The assault took place at Peterlee (County Durham) in March 2011. See also the BBC's...
- What Happened In Wigan To A War Hero
The estimable Jack of Kent legal blog carries a post about What Happened to Lance Corporal Mark Aspinall in Wigan on a night out in July 2008. Jack of Kent has raised this because two of the officers have been acquitted by a jury at Manchester Crown...
- The Right To Bail: Is It Disappearing Or Being Whittled Down?
A fundamental element of English criminal law and practice is that the accused is to be considered ?innocent until proven guilty? before a court of law. The ?presumption of innocence? is the foundation of the now very heavily amended Bail Act 1976. The...