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It is inevitable that, having been a magistrate for so many years, this blog will contain a fair bit of comment on legal matters, including those cases which came before me in court. However, it is not restricted to such and may at times stray ‘off-topic’ and into whatever area interests me at the time.

All comments are moderated but sensible and relevant ones, even critical ones, are welcome; trolling and abuse is not and will be blocked.

Any actual case that was once involved in, and upon which I may comment, will be altered in such a way as to make it completely unidentifiable.





Monday, 6 January 2025

 JUDGES AND MAGISTRATES JUST CAN'T WIN - AND 1984!

The Government the media and any number of interest groups are urging courts to send less criminals to prison on the grounds that....

a)  the prison system is overcrowded and can't cope

b) prison is an inhumane degrading environment

c) prison is a academy for crime and

d)  there are better non-custodial alternatives available.

Except..........

despite Parliament introducing a 'two strikes and you're out' basis for the sentencing of knife crime in that those convicted of a second knife-related crime would face a prison sentence of at least six months such is proving not to be the case.

Ministry of Justice figures show the proportion of those being jailed for knife crime is falling with only 50% of the 4000 sentenced for two or more knife crimes being sent to jail.

Various public figures such as the Mayor of Bristol ("we need to take our city back"), retired Detective Chief Superintendent Kevin Moore ("the courts take delight in ignoring the public's wishes") and Patrick Green, CE of the Ben Kinsella anti-knife charity ("that someone caught carrying a deadly weapon twice wouldn't face significant jail time is simply unacceptable") are bewailing the fact that the courts are doing exactly what the Government says, and reducing the number of criminals sent to jail.

Let me be clear, whilst I strongly dispute Kevin Moore's assertion that the courts take delight in ignoring the public's wishes I do agree totally with those at the Ben Kinsella charity that such a failure of Parliament's expressed intent is unacceptable, but the two expressions of the Government's  desires are not compatible.

The courts can't send to prison all those who it should, and at the same time stop sending criminals to jail.

George Orwell in his seminal novel 1984 introduced the concept of 'double think' - the ability to hold two totally conflicting ideas at the same time, and believe them both to be true.

Such I'm afraid is the case here, and criticising the courts for doing exactly what they've been instructed to do, is not the way forward.

In the belief that the people of these islands will not change the habits of history and become more law-abiding (I might blog about that more in the future) the only real solution is to build more prisons, and for the tax-payer to cough up the money.

If society wants protecting from its criminals then it must be prepared to pay for it, without complaint. I stronglt dispute Kevin Moores assertion that ail.caught carrying a deadly weapon twice wouldn't face sign

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