Musings and Snippets from a recently retired JP. I served for 31 years, mostly in west London. I was Chairman of my Bench for some years, and a member of the National Bench Chairmen's Forum All cases are based on real ones, but anonymised and composited. All opinions are those of one or more individuals. JPs swear to enforce the law of the land, whether or not they approve of it. Nothing on here constitutes legal advice.
To add insult to injury the 'victim surcharge' has just been increased, with about the same hope of its being collected, and with a similar likelihood of injustice.
No it doesn't appear to be as the amounts for the surcharge, before which I refuse to add the word victim as it appears nowhere in the legislation that brought it in, are still very significantly less than the courts charge.
I'm with you Anon - I NEVER call it a victim's surcharge. We have had no formal notification of the increase from our court. I only found out by the latest update of the excellent Ambay sentencing guidelines app. I also note that the 'official' sentencing council version of the guidelines will be updated 'in the future' - pathetic.
You refuse to add victim.. How petulant of you.. of course I doubt you even realise there is a victim..as for the guy doing 22 yrs, easy to get the money, dock it from his prison pay.
If the surcharge was for victims why doesn't the word victim appear at all, no not even once, in the legislation that brought it in? If I could be assured that one hundred percent of the amount of the surcharge collected goes to victims, and not a penny anywhere else, I would willingly add the word victim.
A magistrate's maximum sentence is six months, well actually a year because there is a maximum of six months on a maximum of two offences, so I don't see where the argument about someone serving 22 years comes in.
I cannot say for certain where it came up but I thought it was from a previous comment on here about a man sent down for 22 yrs who couldn't give a monkeys about the "victim" charge.. Quite frankly I wonder sometimes which side the magistrates are on. In times gone by I think I would have been terrified by being up before the magistrates, I think If I got done these days, I'd be sent home with a cup of coffee a bacon buttie and a pat on the back and n apology for being troubled. I wonder why some are magistrates as they they seem to do is whine about the system. Its certainly got much worse on here since Bystander widened the no of thread authors.
The prison economy is a delicately thing, as it tries to balance prisoners' access to various things that aren't provided to them free with the need to prevent an internal class system, with all the bullying, debt and violence that goes with it.
But suppose you were willing to risk all the disruption that might result, at the current rates of pay available to prisoners, I doubt you could collect much more than a tenner over a 6 month sentence.
In the recent case of the two disturbed schoolgirls who battered a sad alcoholic woman to death, the judge was obliged to add the imposition of the VS to his awesomely serious sentence. What bathos.
#SouthLondon JP, You are correct sir, finally the Sentencing Council have realised that the legislation does not mention "victim". The updated pronouncements say "you must pay a surcharge of £.......... This money is used to fund victim services"
Posts are pre-moderated. Please bear with us if this takes a little time, but the number of bores and obsessives was getting out of hand, as were the fake comments advertising rubbish.
To add insult to injury the 'victim surcharge' has just been increased, with about the same hope of its being collected, and with a similar likelihood of injustice.
ReplyDeleteIs this VS increase simply a replacement for the Courts Charge........
ReplyDeleteNo it doesn't appear to be as the amounts for the surcharge, before which I refuse to add the word victim as it appears nowhere in the legislation that brought it in, are still very significantly less than the courts charge.
ReplyDeleteI'm with you Anon - I NEVER call it a victim's surcharge. We have had no formal notification of the increase from our court. I only found out by the latest update of the excellent Ambay sentencing guidelines app. I also note that the 'official' sentencing council version of the guidelines will be updated 'in the future' - pathetic.
Deletehttp://www.sentencingcouncil.org.uk/explanatory-material/item/fines-and-financial-orders/victim-surcharge/
DeleteYou refuse to add victim.. How petulant of you.. of course I doubt you even realise there is a victim..as for the guy doing 22 yrs, easy to get the money, dock it from his prison pay.
ReplyDeleteIf the surcharge was for victims why doesn't the word victim appear at all, no not even once, in the legislation that brought it in? If I could be assured that one hundred percent of the amount of the surcharge collected goes to victims, and not a penny anywhere else, I would willingly add the word victim.
ReplyDeleteA magistrate's maximum sentence is six months, well actually a year because there is a maximum of six months on a maximum of two offences, so I don't see where the argument about someone serving 22 years comes in.
I cannot say for certain where it came up but I thought it was from a previous comment on here about a man sent down for 22 yrs who couldn't give a monkeys about the "victim" charge.. Quite frankly I wonder sometimes which side the magistrates are on. In times gone by I think I would have been terrified by being up before the magistrates, I think If I got done these days, I'd be sent home with a cup of coffee a bacon buttie and a pat on the back and n apology for being troubled. I wonder why some are magistrates as they they seem to do is whine about the system. Its certainly got much worse on here since Bystander widened the no of thread authors.
DeleteI'd hope the magistrates aren't on anyone's side.
DeleteWell they are certainly anti the establishment if comments we read here reflect the magistracy.
DeleteThe prison economy is a delicately thing, as it tries to balance prisoners' access to various things that aren't provided to them free with the need to prevent an internal class system, with all the bullying, debt and violence that goes with it.
ReplyDeleteBut suppose you were willing to risk all the disruption that might result, at the current rates of pay available to prisoners, I doubt you could collect much more than a tenner over a 6 month sentence.
In the recent case of the two disturbed schoolgirls who battered a sad alcoholic woman to death, the judge was obliged to add the imposition of the VS to his awesomely serious sentence. What bathos.
ReplyDeleteVS from people sent into custody is just absurd. It will not be paid and MoJ must know it.
ReplyDelete#SouthLondon JP,
ReplyDeleteYou are correct sir, finally the Sentencing Council have realised that the legislation does not mention "victim".
The updated pronouncements say "you must pay a surcharge of £.......... This money is used to fund victim services"