Law and Rights
A District Judge (Magistrates' Courts) has been sitting at Stratford, London to deal with cases arising in connection with the Olympic Games - Duncan Campbell writing in The Guardian 1st August 2012 - "Olympic fast-track court at Stratford Magistrates." Mr Campbell reports on a few of the cases which he observed. The idea of a court sitting to deal rapidly with these cases is a legacy of the way in which (mainly) District Judges were used to deal with the disorder in August 2011. Given that some offending on the part of visitors to the U.K. is bound to occur, it was sensible to make plans for expedited court hearings - (Law Society 12th July).
Duncan Campbell's report raises a few interesting points.
1. A 36 year old Lithuanian accountant was convicted of "racially aggravated offence." (The precise offence is not stated in the article). A fine of £2500 was imposed or 28 days in jail for failure to pay. "He is led back to the cells to look for his credit card." Very effective. Should this tactic be used more? In fact, it is only used in Magistrates' Courts exceptionally. The more usual practice is to impose a fine and time allowed for payment by instalments over a period of around 12 months. (All this despite the basic legal position being that fines are payable immediately). However, in some instances, a term of imprisonment may be fixed when a fine is imposed. The law is somewhat complex and is covered by a reading of the Magistrates Courts Act 1980 section 82 taken in conjunction with section 77. See also the Magistrates' Court Sentencing Guidelines- at page 158.
2. An American with 54 tickets for Olympic events - valued at £4000. He is fined £1000 and has his mobile telephone forfeited. This kind of forfeiture is possible under the Powers of Criminal Courts (Sentencing) Act 2000 s.143 Again, we do not see it used too often.
3. Two Lithuanians pleaded guilty to 'shoplifting' - theft of bottles of aftershave. They were jailed for up to 16 weeks. This part of the Guardian's article lacks detail but asks - "And who knew you could spend £37.99 on a bottle of aftershave?" Quite possible these days though many brands are cheaper! Page 103a of the Magistrates' Court Sentencing Guidelines deals with theft from shops. A custodial sentence is not reached - according to the guidelines - unless there is significant intimidation/threats or very high level of planning or significant related damage. As I say, the article is short on detail so it is not entirely clear why imprisonment was imposed in these cases.
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Law and Rights
The Olympics ~ related offending
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| Stratford Magistrates' Court |
Duncan Campbell's report raises a few interesting points.
1. A 36 year old Lithuanian accountant was convicted of "racially aggravated offence." (The precise offence is not stated in the article). A fine of £2500 was imposed or 28 days in jail for failure to pay. "He is led back to the cells to look for his credit card." Very effective. Should this tactic be used more? In fact, it is only used in Magistrates' Courts exceptionally. The more usual practice is to impose a fine and time allowed for payment by instalments over a period of around 12 months. (All this despite the basic legal position being that fines are payable immediately). However, in some instances, a term of imprisonment may be fixed when a fine is imposed. The law is somewhat complex and is covered by a reading of the Magistrates Courts Act 1980 section 82 taken in conjunction with section 77. See also the Magistrates' Court Sentencing Guidelines- at page 158.
2. An American with 54 tickets for Olympic events - valued at £4000. He is fined £1000 and has his mobile telephone forfeited. This kind of forfeiture is possible under the Powers of Criminal Courts (Sentencing) Act 2000 s.143 Again, we do not see it used too often.
3. Two Lithuanians pleaded guilty to 'shoplifting' - theft of bottles of aftershave. They were jailed for up to 16 weeks. This part of the Guardian's article lacks detail but asks - "And who knew you could spend £37.99 on a bottle of aftershave?" Quite possible these days though many brands are cheaper! Page 103a of the Magistrates' Court Sentencing Guidelines deals with theft from shops. A custodial sentence is not reached - according to the guidelines - unless there is significant intimidation/threats or very high level of planning or significant related damage. As I say, the article is short on detail so it is not entirely clear why imprisonment was imposed in these cases.
- 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...
- Sentencing ~ Common Assault
A father attends a school and assaults the Head Teacher. Should this merit a custodial sentence? This was the issue in the case of Paul Stratford - see Daily Mail 21st December. The Head Teacher wished to exclude Stratford's...
- Assault On Goalkeeper
The match between Sheffield Wednesday FC and Leeds United FC on 19th October was played at Sheffield Wednesday's home ground - Hillsborough. The match was a 1-1 draw but was marred by an ugly incident when 21 year old Aaron Crawley assaulted the Sheffield...
- You Be The Judge - Was 56 Days Imprisonment Justified?
Update 30th March - appeal dismissed- see Crown Court sentencing remarks - end of this post It is reported that Liam Stacey - a 21 year old student - was sentenced by a District Judge (Magistrates' Court) to 56 days imprisonment for his "tweets" in...
- The Recent Disorder: Bail And Sentencing.
Arson at "Miss Selfridge" - Manchester Controversy: Much controversy has been raised by the sentencing meted out to some of those charged with offences committed during the recent disorder. Many cases have already been sentenced either in...