A Legal Mess
Events were once said to rule the lives of politicians. For me, ‘events’ are currently having a similar effect on my life and for a retired person like myself I have never been busier. Anyone involved in the public sector is experiencing troubled times and the judiciary is no exception. I speak for no one other than the magistracy and there is little doubt that this band of dedicated volunteers is under a serious and sustained attack. Many ‘events’ are having a cumulative effect on the work of JPs which in turn is undermining our ability to dispense local justice, by local people in our various local communities.
The closure of 103 magistrate’s courts which closely follows the closure of 20 courts last year is but one example. The increasing use of out-of-court disposals to keep the crime figures down is another. The growing influence of District Judges (Magistrates Courts) who have now got themselves established in all of our courts and who increasingly undertake the work previously carried out by magistrates but earn around £100K per year. These Judges are not usually from the local community and sit in court on their own. Lastly, the proposed withdrawal of short term prison sentences will take away another important sanction from the magistracy.
What do you do with offenders who refuse to undertake community penalties or pay their fines? Many of our customers are persistent offenders with records you just have to see to believe. If they continue to commit burglary in order to pay for their drug habit despite non custodial sentences being given in the past, what are magistrates to do? Many of our clients fall into these difficult categories. Sending offenders to prison is always the last resort. If that sentencing option is taken away what are the solutions on offer? At least prison prevents further crime being committed while the offender is incarcerated. However, the only weakness cited is they are not rehabilitated. I contend many never will be, no matter what the type of sentence is handed down.
This week we learn from the Ministry of Justice that £1.3 billion in unpaid fines remain on the books. £706 million in unpaid confiscation orders; £350 million in unpaid fines; £150 million in unpaid compensation orders; £110 million in unpaid legal costs. Magistrates were criticised recently for not imposing more fines which would have been used to provide funding for the justice system. One wonders why we should bother with this sanction when it is so widely ignored. What a mess it all is. I am playing my part in the debate to unscramble the myriad of problems but it is an uphill struggle and I have little optimism about achieving a satisfactory outcome.
Who says crime doesn’t pay? It now pays very well and the running costs of such an enterprise have never been so cheap. No surprise it’s a popular business for the unemployable.
Who will change this? Who has the strength of belief and backbone to rectify this ridiculous rout? Certainly not our dear departed lefties. The EU with its misdirected and much abused human rights has today further restricted ’stop-n-search’.
Who will stop the seemingly irrepressible slide into domination by an anarchical mob?
If it really has to be the BNP et al, then sooner or later their votes are going to rise sharply. And that would not be the best path to pursue, no matter how effective.
July 8th, 2010 at 16:54A friend who is a very decent chap has a son who is frequently in and out of prison. When asked he told me he brought his son up as he was but just could not get through to him. He told me his son could see no real harm in theft and had no remorse.
I would like the EU to recognise convicted criminals, by their action, relinquish all but the basic human rights. Custodial sentences must be harsh and real punishment. The sentence awarded should be the minimum. Failure to comply with court orders should be an automatic custodial sentence. I fall short of lopping of hands etc but would like my rights as a law abiding citizen to take preference over criminals no matter how petty the crime. (Phew! I feel better now.)
July 9th, 2010 at 15:40I guess the word the judiciary would use to sum up the current prison situation is frustration. We sentence an offender to 3 months and s/he serves 6 weeks; 6 months behind bars really means 3 months. Not what I would call honesty in sentencing. It is a joke but not one we share.
Raoul Moat currently on the run was sentenced to 18 weeks custody for assault and was released after 9 weeks despite the authorities knowing he had unresolved issues. The safety of the public was once again put at risk to satisfy the rights of the offender. The result has been death, serious injury and millions of pounds spent in a major police operation. Prison is not feared by the criminal fraternity. It is far too cosy. Life at Halton was more demanding and austere than prison is today – I kid you not. I must stop because I could easily go on and on.
July 9th, 2010 at 17:07Mike, I do not think that it has anything to do with the rights of the prisoners these days. This morning’s radio news told us how they intend to release people they know that are likely to reoffend back into society because it is cheaper to deal with the consequences than to keep them inside. Tell that to the victims, I know it is wrong to say it but you cannot help but hope a senior politician is the next victim. (I could supply a priority list if that would help) Listening to the figures they say it costs to keep prisoners in jail, I wish the same accountant who came to that conclusion was doing my wage and tax bill. I would be writing this blog from the Bahamas.
July 12th, 2010 at 09:02As you point out the RAF kept us in Halton for five bob a week, the answer seems to be roll out Jim “H” and Maxwell for hands on welfare care, with Clive Rainbow running the show. The tax payer would then get value for their money.