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Thursday 23 February 2017
BLUE BADGE CRIME
Tuesday 12 September 2017
BENCH CHAIRMEN SHOULD NOT "FEEL"
What strikes me about the case is not reported in the national press; one of my eyes and ears on the ground has informed me of the purported statement of the bench chairman: "We feel that you used the blue badge deliberately. We feel that the offence requires a fine but we have taken into account your early guilty plea".........(my bold)
As a bench chairman for many years I generally did not make pronouncements parrot fashion from the "book" but always made very clear the bench`s reasoning, intentions and any other considerations appropriate to the individual. Neither I nor any other chairman with whom I sat ever used the phrase we feel or anything similar. One might say that using those words was just a matter of that chairman`s style. I would opine that it typifies lack of cogent thought, reasoning, common sense and use of language; factors which should be a requirement for the position. But then this is the result of trying to train people to be chairmen and allowing them to sit for a minimum of only twenty six half days annually. It has often be said by those wiser than I that leaders are not made, they just are. Chairmen of a bench are leaders; some are capable to lead and others...................
Most professionals whatever their speciality whether it be wood carving, train driving, architectural designing or plastic surgery know well that frequency of performance is essential to retain or upgrade skills. Over twenty years ago when abdominal laparoscopic surgery was in its infancy and I required a double hernia operation I asked my chosen surgeon how many such procedures he had performed and how many had he required to redo: four hundred & three and two were his respective answers. My op went perfectly. There is no doubt in my mind that trying to teach or train people to be bench chairmen is a difficult task. There is also no doubt that sitting on twenty six half days each year is inadequate for most to attain the required abilities to do the job satisfactorily. It is not unlikely that poor performances as exemplified by today`s example above and others more blatant will be used as examples by those who desire to reduce JPs` role within the court environment in the not too distant future.Indeed on some social media that point is frequently made.
Tuesday 23 February 2021
A SNAPSHOT OF BRITISH JUSTICE 2021 STYLE
Being retired from any job allows time for some introspection. As a retired magistrate who has enjoyed sharing his opinions since 2009 this freedom has offered me opportunities to muse on matters of national importance and occasionally to comment [criticise?] on real time happenings at magistrates courts. Today`s effort is one of those times.
I was active when dedicated domestic violence courses became compulsory for any JP who sat or wished to sit in those courts. I recollect at the time that the providers were heavily dependent on statistics from USA and very much dedicated to male on female violations. I would imagine that such courses have been modified since then. However a recent case at Grays Magistrates Court caught my eye. As bad a case it is possible to be heard outside the crown court. Indeed from the report it seems it was undercharged resulting in a suspended custodial sentence for the offender. Readers can access the matter here and it is refreshing to note the detail often omitted these days from the local print media. In my opinion that offender should have been charged at a higher level where the crown court would pass judgement. Perhaps pressures on court schedules and Covid -19 have reared their delaying heads. The refusal of compensation defies belief.
As a Twitter user I have tweeted not so long ago on the public silence of the Magistrates Association concerning its members` court experiences in the light of the pandemic. Narey a response from it nor the dozens of JPs linked to that outlet. The staff at Highbury Magistrates Court who are in the thick of possible infection are contemplating strike action. I wish them well.
Peterborough Magistrates Court was the scene last week where a dangerously drunk driver was sentenced to custody suspended. I am more convinced as the years roll on that sentences of that ilk for offenders such as he are distorting our communal sense of justice to appease left wing activists and the financial restraints of the Ministry of Justice. This particular offender was driving a lethal weapon in such an inebriated state it was akin to conspiracy to murder. When a population begins to think that criminals can "get away with it" there are social problems ahead.
On a more positive note to end my rant the user of an illegally transferred Blue Badge recently received her just desserts at Medway Magistrates Court. For too long these offences were treated too lightly. Justice must be seen to be done and her punishment was just that.
Some senior police officers have the foresight, intellect and sensibilities of a mouse. Readers might remember about ten years ago many police forces placed cardboard effigies of a constable in town centres, supposedly as a deterrent against criminal activity, to a chorus of public derision. It seems that a decade later the top echelons of some police forces are still finding ways to demonstrate their incompetence. A headline today (accessible below) which for me at least sums up so much that is woeful when discussing in general our system of justice from apprehending offenders to their being sentenced. That aforementioned headline was caused by police in Liverpool telling the public by means of large posters that being offensive was illegal. Will they ever learn?