Now that I am retired having been many years a magistrate with a long awareness of the declining freedoms enjoyed by the ordinary citizen and a corresponding fear of the big brother state`s ever increasing encroachment on civil liberties I hope that my personal observations within these general parameters will be of interest to those with an open mind. Having been blogging with this title for many years against the rules of the Ministry of Justice my new found freedom should allow me to be less inhibited in these observations.
Comments are usually moderated. However, I do not accept any legal responsibility for the content of any comment. If any comment seems submitted just to advertise a website it will not be published.
Friday, 3 March 2017
THEFT BY FINDING//VAGARIES OF OUR LEGAL SYSTEM
For the store to call in police was as dismal display of bad management in a simple situation as can be imagined. They identified the woman in question but appear not to have asked her to explain herself or to have requested she hand the money to them for safe keeping and return to the owner if and when ascertained. How much wasted time and expense for police did this cost? For the CPS to have considered this prosecution to be in the public interest is a fatuous over display of being seen to do something for an easy win. For the bench to impose a six month conditional discharge was being over zealous in my opinion. A token CD of one month would have demonstrated the bench`s thoughts on the circumstances. But then of course the bench might have been pushed along by the legal advisor or its own attitude to impose a punishment of deterrence. If so they exercised their duty but in a situation where another bench might have considered leniency. Such are the vagaries of our legal system.