Lord Justice Fulford, who is a very senior wig indeed,has reminded benches to be cautious when agreeing to vary the terms of a curfew order to suit the defendant for whatever reason. There can be cases where it might be appropriate , such as a life-or-death family crisis, but these need to be exceptional. Further, the words used in court need to be chosen with great care, because the press will take interest in any suggestion of the bench being a crew of silly soft-hearted old duffers, and the Indignant Tendency that infests social media will make the most of it.
I think that the message translates to "if in doubt, don't".
I recently read of a curfew order being shortened to allow a thug (assault on police) to go on a preplanned holiday.
ReplyDeleteThe fact that you read it doesn't mean it was true.
DeleteWell, I've been asked to vary a curfew order (as part of a community punishment or as a bail condition) on several occasions for similar reasons and we've always refused.
DeleteOddly enough, the request is usually made within a few days of the curfew being imposed...
Anon* 20:59 - so is this report inaccurate then?
Deletehttp://www.thesun.co.uk/sol/homepage/news/7042609/Drug-dealer-told-enjoy-yourself-by-magistrate-who-cuts-his-curfew-short-for-lads-holiday.html
*Bystander, (and team of course), can you change the blogspot settings so that all commenters must chose a pseudonym of some sort? It would make replying a bit neater...
"because the press will take interest". Really. When was the last time you saw the press in court? I wish they would take an interest.
ReplyDeleteA couple of years ago I had to sit out a case in the well of the court as I knew the victim. This was on one of those rare occasions when the local press were present and I took the opportunity to ask why we so rarely saw them in court and the response was, of course, cost. However, in the past few months a rep from our local rag has regularly been in court, filing several stories almost every day. Given past experience, what has been most surprising has been the accuracy and un-sensationalist tone of the reports, and this is a big step forward for open justice. Maybe we are just lucky, but this has to be good news. The key here is to ensure we explain exactly why we are making a decision, not to make a different decision just because we are afraid the press will distort or misrepresent what we say. They can do that with anything.
DeleteI have no recollection of varying a curfew for holidays or celebrations.
ReplyDeleteIt's a form of custody
"to suit the defendant for whatever reason"
ReplyDeleteso a working defendant (Ok, something of a rarity) has to leave for work at 6.30 am. Would you end a curfew to allow them to go to work? I would.
My only recollection of permitting a holiday whilst either on curfew or conditional bail was after the presentation of an evidential receipt indicating that the holiday was booked prior to the imposition of the order. Then, only if penalty costs would be incurred, such as flights, hotel etc. - not just a week away camping with the family with the car. It could be argued that to incur or commit holiday costs whilst possibly facing custody is a high risk, but don't let us go there.
ReplyDeleteWell don't go and bloody commit crime if you've booked a holiday then!
DeleteEasy!
To Biscwuit:
ReplyDeleteActually, quite a lot of our customers given a curfew are working!
And you would take account of their working hours when setting the times the curfew operates. So in the case you describe, the curfew would probably end at 06.00 to allow the person to get to work.
Presumably a curfew order is part of bail conditions.
ReplyDeleteA person on bail is presumed innocent of the charge but conditions are imposed to prevent .... what? an offence being committed while the bailee awaits trial. Curfew implies the potential offence would be committed during the hours of the curfew. Unless there is a genuine belief that the bailee will commit an offence while on holiday, why not remove the curfew to allow the holiday to be taken?
"Presumably a curfew order is part of bail conditions."
ReplyDeleteNo, it can be a punitive order in its own right.
Exactly, as I posted above on 19 April.
DeleteAnd good grief, no, when someone's on bail with a curfew, one of the reasons (which we have to give in open court) might be that the defendant might abscond. A curfew - plus perhaps reporting to a police station - is one way to prevent this.
I think all of us on the Bench take the varying of any court order seriously and make an informed decision based on the individual facts. I would assume this is a one off case where the bench failed to give sufficient reasons or the press did not check the reasons, as it would make a much better headline.
ReplyDeletePerhaps this is what the judge had in mind
ReplyDelete"A sex offender has had his curfew lifted by a judge so he can party at Glastonbury."
Daily Mail
http://www.dailymail.co.uk/news/article-3556839/Sex-offender-assaulted-woman-sleep-curfew-lifted-judge-GLASTONBURY.html
There has been more than one, for example these two involving magistrates: http://www.dailymail.co.uk/news/article-3332749/Drink-driver-left-two-young-mothers-paralysed-high-speed-crash-spared-electronic-tag-stag-do.html and http://www.thesun.co.uk/sol/homepage/news/4864303/thug-has-curfew-lifted-to-go-on-thailand-holiday.html Reasons are not given in either case, so we are left with the view of the newspaper or victims as to the court's reason, which I suspect is part of what's behind the letter - some of these are probably for good reason.
ReplyDelete