Law and Rights
The Daily Mail (Sunday 8th August 2010 - "Half witted leniency failed again ...") has published an outspoken article about a community sentence handed down to Bradley Wernham aged 19. Wernham is described as a "career burglar" who has been stealing since the age of 12. A judge, who is severely criticised in the Daily Mail article, has now sentenced Wernham to 5 years imprisonment.
The case is also reported in The Independent and the BBC. These reports offer further essential detail which is omitted from the Daily Mail report. In particular, the reports bring out the fact that the judge had made use of an innovative programme for prolific offenders which was operating in Essex. The Police had recommended use of this programme in Werham's case. Wernham received a community sentence for 3 years with a considerable number of requirements attached. As part of the prolific offender strategy, he was provided with accommodation.
See also BBC 4th August - "Trying to Stop England's prolific offenders"
Of course, the Daily Mail has every right to publish a critical article since justice "must be allowed to suffer the scrutiny and respectful even though outspoken comments of ordinary men" - (per Atkin J in Ambard v Attorney-General for Trinidad and Tobago 1936). I am not so sure the Daily Mail is entirely "respectful" but let's leave that to one side. The judge was also perfectly entitled to use the sentencing options available to him and that included the prolific offender strategy]. The real question however is - just what should be done about prolific offenders?
The Youth Justice Board has published information about Prolific and Other Priority Offender Strategies and there is an interesting, albeit lengthy, Ministry of Justice research report (pdf - 145 pages) published in July 2009 which considers the effectiveness of various sentencing options.
Is a rehabilitative sentencing regime right or should the law be much tougher as soon as anyone offends in the hope that further crime will be deterred? Just how should the Youth Justice system deal with children and young persons who offend - remember that Wernham had been offending since age 12? Since this year's general election, the public has been fed a diet of "prison does not work" since it fails to offer rehabiltation. Sentencing has been a political football for a generation or more. Just what is the way forward?
- Rolf Harris ... Historic Sexual Offences
The famous celebrity Rolf Harris - now aged 84 - has been convicted in the Crown Court at Southwark (Mr Justice Sweeney and a jury) of 12 counts of indecent assault committed in the period 1968 to 1986 - see BBC News 30th June 2014 - Rolf Harris: the...
- The Daily Mail Asks A Good Question ....
The Daily Mail 24th January asks why a "violent thug" - named as Vitalijis Zavjaloves (aged 22) - did not receive a sentence of imprisonment for his attack on Brian Gallagher in Wigan town centre last December. It is a fair question. ...
- Sentencing: Suspended Sentence Orders
Crown Court - ManchesterPrisons and Young Offenders Institutions (YOI) are in the news again. On 27th January, The Guardian reported that the prison population in England and Wales was 87,668. This is said to be 3500 higher than at the same...
- Sion Jenkins' Guardian Interview - Prisoner's Rights
The Guardian has published an interview with Sion Jenkins - The Guardian 20th August 2010 " Sion Jenkins: I don't want sympathy from anyone ". Law and Lawyers touched upon this matter a few days ago - see here - The Jack of Kent blog also...
- Deterrence No.2
Deterrence is aimed at dissuading the individual from re-offending (sometimes referred to as particular deterrence) as well as dissuading others from offending (general deterrence). Whilst there is widespread belief that deterrence (in either sense) works,...
Law and Rights
So what would you do? .....
The case is also reported in The Independent and the BBC. These reports offer further essential detail which is omitted from the Daily Mail report. In particular, the reports bring out the fact that the judge had made use of an innovative programme for prolific offenders which was operating in Essex. The Police had recommended use of this programme in Werham's case. Wernham received a community sentence for 3 years with a considerable number of requirements attached. As part of the prolific offender strategy, he was provided with accommodation.
See also BBC 4th August - "Trying to Stop England's prolific offenders"
Of course, the Daily Mail has every right to publish a critical article since justice "must be allowed to suffer the scrutiny and respectful even though outspoken comments of ordinary men" - (per Atkin J in Ambard v Attorney-General for Trinidad and Tobago 1936). I am not so sure the Daily Mail is entirely "respectful" but let's leave that to one side. The judge was also perfectly entitled to use the sentencing options available to him and that included the prolific offender strategy]. The real question however is - just what should be done about prolific offenders?
The Youth Justice Board has published information about Prolific and Other Priority Offender Strategies and there is an interesting, albeit lengthy, Ministry of Justice research report (pdf - 145 pages) published in July 2009 which considers the effectiveness of various sentencing options.
Is a rehabilitative sentencing regime right or should the law be much tougher as soon as anyone offends in the hope that further crime will be deterred? Just how should the Youth Justice system deal with children and young persons who offend - remember that Wernham had been offending since age 12? Since this year's general election, the public has been fed a diet of "prison does not work" since it fails to offer rehabiltation. Sentencing has been a political football for a generation or more. Just what is the way forward?
- Rolf Harris ... Historic Sexual Offences
The famous celebrity Rolf Harris - now aged 84 - has been convicted in the Crown Court at Southwark (Mr Justice Sweeney and a jury) of 12 counts of indecent assault committed in the period 1968 to 1986 - see BBC News 30th June 2014 - Rolf Harris: the...
- The Daily Mail Asks A Good Question ....
The Daily Mail 24th January asks why a "violent thug" - named as Vitalijis Zavjaloves (aged 22) - did not receive a sentence of imprisonment for his attack on Brian Gallagher in Wigan town centre last December. It is a fair question. ...
- Sentencing: Suspended Sentence Orders
Crown Court - ManchesterPrisons and Young Offenders Institutions (YOI) are in the news again. On 27th January, The Guardian reported that the prison population in England and Wales was 87,668. This is said to be 3500 higher than at the same...
- Sion Jenkins' Guardian Interview - Prisoner's Rights
The Guardian has published an interview with Sion Jenkins - The Guardian 20th August 2010 " Sion Jenkins: I don't want sympathy from anyone ". Law and Lawyers touched upon this matter a few days ago - see here - The Jack of Kent blog also...
- Deterrence No.2
Deterrence is aimed at dissuading the individual from re-offending (sometimes referred to as particular deterrence) as well as dissuading others from offending (general deterrence). Whilst there is widespread belief that deterrence (in either sense) works,...