Guidelines

The latest Magistrates' Court Sentencing Guidelines (available here) came into force yesterday and later this week I shall use them in court for the first time. Nearly every magistrate has had a day's training and we all have our own copies, in a rather clumsy binder.
The basic principle is the same as before; it is right that courts across the country should take the same approach to sentencing, although courts have wide discretion to fit the circumstances of each case. One major difference is that we have to give reasons if we depart from the guideline range. The ranges can be pretty wide; from a medium community sentence to 26 weeks' custody in ABH cases, for example. There are some new ideas in the calculation of fines, and I suspect that fine levels will on the whole increase. It has always been a problem to assess the income of someone on benefit, who may for example be on £47 JSA per week (and nevertheless able to buy drink and or drugs!) so the new system presumes an income of £100 per week, to allow for the likely help he will have with rent, council tax and whatever. It's rough-and-ready, but may be a bit fairer than the old by-guess-and-by-god method. If we don't know the income we assume £350 per week. It's a pity the SGC didn't settle on £360, since that divides neatly by three, to give the plea discount.
The Sentencing Form that we prepare to give Probation our view when writing a report has been changed, and I foresee considerable scope for confusion over section 7, the assessment of seriousness.
Let's see how we get on.

You Can't Please Everyone........

I think the Mags will believe the police officer is evidence enough. Unless you have Mags who don't believe that all police officers are perfect and would never mislead or exaggerate ;)

This quote from the Criminal Solicitor dot Net site amused me, in the light of the constantly repeated complaints from police commentators who see magistrates and courts as relentlessly anti-police.
If defence briefs and the Old Bill all think the beaks are biased against them, then perhaps we might be getting things about right.

Prison Crisis (Part 42 of an Endless Series)

Today's Observer carries this piece about the intractable problem with prison capacity, which is entirely the fault of Government over the last decade or so, for creating more and more crimes, lengthening sentences, limiting parole, and doing sod-all to provide sufficient room for the resulting hordes of prisoners.
The article mentions predicted future numbers. A couple of years ago I was at a meeting and as part of the day we broke up into discussion groups. A couple of Civil Servants were in my group and I had an off-the-record glance at some spreadsheets graphing projected prison populations. I shan't quote details, but I wouldn't be surprised if the outturn in the next five years or so isn't nearer 110,000 than 100,000. You read it here first.

A Bit Thin?

When a Bail Application is being made the Prosecutor may put the Crown's objections to bail, such as fear of failure to surrender, commit further offences, or interfere with witnesses. Very rarely, and usually in the case of mentally disordered people, there may be an application to remand them in custody for their own protection.
The other day, opposing bail for a man accused of carrying a bladed article, the CPS suggested a remand in custody 'for his own protection' because if he went out again with a blade it might be used against him. We thought that was just a bit too thin.

Dando

Commander Simon Foy, head of Scotland Yard's homicide and serious crime command, said: "We are disappointed by today's verdict but especially disappointed for Jill's family and friends. However, we respect the decision of the court."

Disappointed, Commander?
That's the sort of thing a football manager says when his team lose a big game.
This isn't a game. In the final analysis George stands convicted of nothing more than being an oddball and a loner.
I can understand front-line police officers taking a personal interest in a 'result' or its converse, having been involved in the emotional charge of a major investigation. Someone with the rank of Commander needs to have a broader view, a view that includes the possibility of a Not Guilty verdict being the right one.
In the interests of justice.

Plate Sin With Gold.....*

The Chief Magistrate, no less, told these druggies that charges against them have been dropped in favour of a really tough Conditional Caution, cooked up by the Police and CPS and administered in private, behind closed doors.

Meanwhile, I dealt with someone today for Class A possession of an amount estimated at five to ten pounds' worth. We fined him £100 (he is on £47 per week benefit) and £50 costs. Oh yes, and a £15 victim surcharge. He now has a criminal record (to be fair, he had one already) and will have £5 per week deducted from his munificent benefit.

* Plate sin with gold,
And the strong lance of justice hurtless breaks:
Arm it in rags, a pigmy's straw does pierce it.

Nicely Summarised

This Times Piece says something that we all know. It's still depressing though.

True Story

Associate Prosecutor (DCW as was - aka Prosecutor-Lite):- (opposing bail for defendant) "and further, sir, he has two convictions for Failing To Surrender; both of them committed on bail".

Chairman:- (putting down pen and taking off glasses) "How else could he have committed them, Mr. Prosecutor?"
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Legal Adviser to defendant:- "Please sit down momentarily". Fortunately the defendant sat down and stayed down until told to stand up again.
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A disproportionate number of defendants give their date of birth as 1/1 in whatever year. I am told that in countries with no working system of recording births and deaths (and there are many) people can be fairly sure of their year of birth, so the authorities settle for January 1st as the day.

Bangle Law Torpedoed

I am afraid that my only real motive for linking to this story was to allow me to use the above headline.

Well, it is the silly season, innit?

Phew!

I was shocked to hear on the radio an hour ago that Weston-Super-Mare's historic pier was no more. My first thought, as my heart fluttered, was that Lord Archer was a goner, but no, it was the pier with piles, rather than....well, you know.
If the pier is anything like the peer it will bounce back from disaster, as usual.