Law and Rights
- Should Imprisonment Be Abolished For Pure Property Offences?
Professor Andrew Ashworth is the Vinerian Professor of English Law at Oxford University. In a pamphlet published by the Howard League for Penal Reform, Professor Ashworth expresses the view that imprisonment should be reserved for those who commit crimes...
- Laspo - Part 3 Chapter 1 - Sentencing
Part 3 of the Legal Aid Sentencing and Punishment of Offenders Act 2012. deals with Sentencing and Punishment of Offenders. Part 3 divides into 9 Chapters which cover a very considerable range of criminal justice issues: 1. Sentencing; 2. Bail;...
- Reports Coming Thick And Fast: Victims Commissioner: Police Inspectorate
In March 2010, as the general election approached, Louise Casey was appointed Commissioner for Victims and Witnesses by Jack Straw (read). She has produced a short 4 page report which, to be fair, levels valid criticisms at the criminal justice...
- The Mark Berry ("bez") Case ....
From time to time various "celebrities" appear in the courts to stand trial for serious matters. Mark Berry - (of "Happy Mondays" and "Domino Bones fame") - has been before the magistrates' court at Manchester and has been sentenced to...
- The Axe To Be Taken To Some 157 Courts
The Ministry of Justice, recognising the present financial climate, is keen to axe to some 157 Court locations. The majority are Magistrates' Courts but over 50 are County Courts. On 23rd June a series of consultation papers were published...
Law and Rights
Magistrates Powers
The Magistrates' Association represents over 28,000 Justices of the Peace who serve in the Magistrates' Courts in England and Wales. The U.K. is very unique in the extent to which non-lawyers participate in the criminal justice system and the late Lord Bingham of Cornhill referred to the magistracy as"a democratic jewel beyond price". The Association has recently expressed views on a number of topics:
Making sure community orders work - on this, the association is absolutely right. They argue that community orders can be a very effective alternative to a short term custodial sentence if they are robust, effectively planned, properly managed and supervised. Unpaid work provides visible evidence that an offender is making retribution and affording benefit to the local community for their offending behaviour. The bold and underlined words are my emphasis but, unless those conditions are met then there can be no public confidence in this form of sentencing. In particular, this form of sentencing is "labour intensive" in the sense that offenders have to be managed by people who are appropriately skilled and trained. (Interestingly, a new blog looks at Probation work - see here). On 16th September, ITV's Tonight programme took a seriously critical look at what actually happens on some community sentences and the findings are disturbing.
Magistrates Association astonished at unpaid fines total - In July 2010, the Audit Commission reported that £1.3 billion was owing in unpaid court orders for confiscation, compensation, fines and costs. As the association points out - "Criminals will rejoice that they can retain the proceeds of their offending behaviour despite court orders". Yet again, we see government pressuring the courts to use the fine as a sentence but there is a serious need to consider how the various powers to enforce fines actually operate. Magistrates' Courts are unable to commit a defaulter to prison unless (a) there is "wilful refusal or culpable neglect" to pay and (b) all other methods of enforcement have been considered.
Cases sent to Crown Court - The Association is pressing government to implement Criminal Justice Act 2003 s.154 which would increase the maximum sentence available in a Magistrates' Court to 12 months imprisonment. This echoes concerns expressed by Lord Justice Leveson (Chairman of the Sentencing Council) that some 18-20,000 cases a year are sentenced in the Crown Court but the offender receives no more than could have been handed down by the magistrates. In part, this statistic arises from the fact that legal aid has been more readily available in the Crown Court than in magistrates though Crown Court Means Testing has now been introduced.
The Association goes on to make a number of "recommendations" including one that the government should examine the rights of defendants to elect jury trial for either-way offences. This is a controversial topic and, in making the suggestion, the association does not appear to consider the basic and highly important rights of the citizen which include a right to trial by jury for certain cases. In the past, there have been various attempts by Ministers to whittle down the right to trial by jury and they have been rejected - usually in the House of Lords. Do either the economic climate or sectional interests such as those of magistrates trump the democratic rights of the citizen to jury trial in those cases where a person's good name is at stake?
On the topic of greater sentencing powers see Solicitor's Journal.
Addendum - 19th September: "Former soldiers could make community service tougher for offenders" - The Guardian. It appears that 3 private companies have been approved by the Ministry of Justice to tender for "community service" programmes. Also, it appears that "privatisation" of some 10 prisons is being considered.
Addendum - 23rd September: "Magistrates in doubt as summary justice rises" - Telegraph 21st September.
Addendum - 19th September: "Former soldiers could make community service tougher for offenders" - The Guardian. It appears that 3 private companies have been approved by the Ministry of Justice to tender for "community service" programmes. Also, it appears that "privatisation" of some 10 prisons is being considered.
Addendum - 23rd September: "Magistrates in doubt as summary justice rises" - Telegraph 21st September.
- Should Imprisonment Be Abolished For Pure Property Offences?
Professor Andrew Ashworth is the Vinerian Professor of English Law at Oxford University. In a pamphlet published by the Howard League for Penal Reform, Professor Ashworth expresses the view that imprisonment should be reserved for those who commit crimes...
- Laspo - Part 3 Chapter 1 - Sentencing
Part 3 of the Legal Aid Sentencing and Punishment of Offenders Act 2012. deals with Sentencing and Punishment of Offenders. Part 3 divides into 9 Chapters which cover a very considerable range of criminal justice issues: 1. Sentencing; 2. Bail;...
- Reports Coming Thick And Fast: Victims Commissioner: Police Inspectorate
In March 2010, as the general election approached, Louise Casey was appointed Commissioner for Victims and Witnesses by Jack Straw (read). She has produced a short 4 page report which, to be fair, levels valid criticisms at the criminal justice...
- The Mark Berry ("bez") Case ....
From time to time various "celebrities" appear in the courts to stand trial for serious matters. Mark Berry - (of "Happy Mondays" and "Domino Bones fame") - has been before the magistrates' court at Manchester and has been sentenced to...
- The Axe To Be Taken To Some 157 Courts
The Ministry of Justice, recognising the present financial climate, is keen to axe to some 157 Court locations. The majority are Magistrates' Courts but over 50 are County Courts. On 23rd June a series of consultation papers were published...