Law and Rights
A man who rose to the rank of Commander in the Metropolitian Police was jailed for misconduct in public office and perverting the course of justice. Thankfully, in the United Kingdom, such cases are rare and he is the most senior officer to be jailed since 1977 - see The Independent 8th February. It is not the purpose of this blog to gloat at anyone's fall from grace but it is interesting to note that Mr Justice Simon imposed a "deterrent sentence" of 4 years imprisonment. It remains to be seen whether loss of pension rights will follow - here is the applicable regulation.
Deterrence is (and always was) one of the objectives of sentencing but the words "deterrent sentence" imply a degree of extra harshness. Indeed, in a general sense, the deterrence of persons from committing offences is one of the reasons for having any form of punishment. The Criminal Justice Act 2003 put the objectives into statutory form. Maybe the need for deterrent sentencing is obvious in some cases but there is surprisingly little guidance on when such a sentence is appropriate. Suppose that there is a sudden perception that a particular crime is becoming more prevalent. Can the sudden imposition of a deterrent sentence on one individual be unfair when others have previously been sentenced for the same offence more lightly? Just when is it proper to for deterrent sentences to be imposed?
It is worth noting here that Police Officers frequently face some seriously violent events and the vast majority of officers peform their work in an exemplary manner. The arrest of a man in connection with the murder of P.C. Blakelock is a reminder of this - see The Independent. In 1987, three men (Silcott, Braithwaite and Raghip) were convicted of P.C. Blakelock's murder but, in 1991, their convictions were quashed on appeal. For a history of this case see here. Their case was one of the first miscarriage of justice cases to occur after the implementation of the Police and Criminal Evidence Act 1984.
- R V Teret ~ "historical" Sexual Offending
The Judiciary website has published the sentencing remarks of Mr Justice Baker in the case of R v Teret. "Disc jockey" Ray Teret was well-known in the North West of England during the 1960s and 1970s. He has been sentenced to a total of 25 years...
- Knives - Bladed Articles - Sentencing
Updated 10th May In April, schoolteacher Mrs Ann Maguire was stabbed at her school in Leeds. She died and a knife was recovered. A 15 year old boy pupil at the school was arrested - BBC News 29th April 2014. Subsequently, the boy...
- Royal Marine Sentenced For Murder
On 11th November, the case of "Marine A" (as he was then to be known) was covered - Murder in Helmand. The Court Martial has imposed a sentence of life imprisonment with the minimum term of imprisonment before eligibility for parole set at...
- Burglary: Undue Leniency And Policing Cuts
The latest sentencing statistics available are for 2008 and may be accessed on the Ministry of Justice website - here. The Telegraph 11th September said - "Revealed: not a single burglar gets maximum jail sentence". The maximum...
- Two Future Appeals Of Considerable Public Interest
It is reported in the media that Angela Gordon, the mother of Khyra Ishaq (aged 7 at the time of her death), will appeal to the Court of Appeal (Criminal Division) against her sentence. Gordon was pleaded guilty to manslaughter on grounds of diminished...
Law and Rights
Deterrence
Deterrence is (and always was) one of the objectives of sentencing but the words "deterrent sentence" imply a degree of extra harshness. Indeed, in a general sense, the deterrence of persons from committing offences is one of the reasons for having any form of punishment. The Criminal Justice Act 2003 put the objectives into statutory form. Maybe the need for deterrent sentencing is obvious in some cases but there is surprisingly little guidance on when such a sentence is appropriate. Suppose that there is a sudden perception that a particular crime is becoming more prevalent. Can the sudden imposition of a deterrent sentence on one individual be unfair when others have previously been sentenced for the same offence more lightly? Just when is it proper to for deterrent sentences to be imposed?
It is worth noting here that Police Officers frequently face some seriously violent events and the vast majority of officers peform their work in an exemplary manner. The arrest of a man in connection with the murder of P.C. Blakelock is a reminder of this - see The Independent. In 1987, three men (Silcott, Braithwaite and Raghip) were convicted of P.C. Blakelock's murder but, in 1991, their convictions were quashed on appeal. For a history of this case see here. Their case was one of the first miscarriage of justice cases to occur after the implementation of the Police and Criminal Evidence Act 1984.
- R V Teret ~ "historical" Sexual Offending
The Judiciary website has published the sentencing remarks of Mr Justice Baker in the case of R v Teret. "Disc jockey" Ray Teret was well-known in the North West of England during the 1960s and 1970s. He has been sentenced to a total of 25 years...
- Knives - Bladed Articles - Sentencing
Updated 10th May In April, schoolteacher Mrs Ann Maguire was stabbed at her school in Leeds. She died and a knife was recovered. A 15 year old boy pupil at the school was arrested - BBC News 29th April 2014. Subsequently, the boy...
- Royal Marine Sentenced For Murder
On 11th November, the case of "Marine A" (as he was then to be known) was covered - Murder in Helmand. The Court Martial has imposed a sentence of life imprisonment with the minimum term of imprisonment before eligibility for parole set at...
- Burglary: Undue Leniency And Policing Cuts
The latest sentencing statistics available are for 2008 and may be accessed on the Ministry of Justice website - here. The Telegraph 11th September said - "Revealed: not a single burglar gets maximum jail sentence". The maximum...
- Two Future Appeals Of Considerable Public Interest
It is reported in the media that Angela Gordon, the mother of Khyra Ishaq (aged 7 at the time of her death), will appeal to the Court of Appeal (Criminal Division) against her sentence. Gordon was pleaded guilty to manslaughter on grounds of diminished...