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DRIVING IN ALICE`S LEGAL WONDERLAND

Written by RSS Poster The Justice of the Peace on the 15th November 2018 at 14:51 - Posted in Police Blogs

Imagine you are 15 years old and after much nagging your parent(s) have given in and bought you an electric scooter.  Unsurpassed joy from the child who sets off down the pavement in a quiet suburb only to be spotted by one of the very few police officers still on the beat.  The happy go lucky child is asked to identify himself and to produce his driving license. Calamity upon calamity; the officer on hearing that there is no driving license, takes the name and address of the suspected...
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COURT REPORTING

Written by RSS Poster The Justice of the Peace on the 12th November 2018 at 12:43 - Posted in Police Blogs

I have commented here previously and it is well known that there is a dearth of court reporting from the magistrates courts.  There are many reasons put forward for this; social media is a substitute for local reporting, local newspapers are in decline and those still publishing operate with reporting costs limited, new journalists are not well paid and court reports are generally served up by such novices in local press, public interest is lacking etc etc.  So three cheers for Grimsby...
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BAKERS AND BARRISTERS

Written by RSS Poster The Justice of the Peace on the 09th November 2018 at 14:56 - Posted in Police Blogs

A few weeks ago a Belfast baker won his Supreme Court appeal against the lower courts` decisions that he had no legal right to refuse to bake a cake and decorate it with what he  claimed was a message with which he had fundamental disagreement. A few days ago a female Afghan barrister practising in this country was told by her instructing solicitor that his client did not want her to represent him in court but instead wanted a white male barrister to do the job. It will be interesting to see...
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LOOK BACK IN ANGUISH

Written by RSS Poster The Justice of the Peace on the 06th November 2018 at 12:59 - Posted in Police Blogs

Earlier this morning I had reason to revisit the first post published on 19th November 2009 by The Justice of the Peace on a site now long since withdrawn from the internet. On the second anniversary of that first post I posted the following:-"Exactly two years ago today my first post appeared on this site. It was entitled CAUTION GIVEN AFTER A CONVICTION FOR A SIMILAR OFFENCE. That was 804 posts ago. With approaching seven thousand visitors monthly this blog is still miniscule in its numbers of...
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TO BE OR NOT TO BE A TOTTER

Written by RSS Poster The Justice of the Peace on the 30th October 2018 at 11:25 - Posted in Police Blogs

I was retired from the bench three and a half years ago and many fundamentals at court have changed since then, some for the better but more for the worse. One aspect of sentencing which was made very clear to my bench more than once was that in the case of motoring offences where the option available was to immediately  disqualify or issue penalty points resulting in an offender being a totter and thus receiving a mandatory six months ban the correct and appropriate procedure was to issue the...
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SENTENCING OUTCOMES AT KIRKLEES MAGISTRATES COURT

Written by RSS Poster The Justice of the Peace on the 29th October 2018 at 14:18 - Posted in Police Blogs

Results from Kirklees and neighbouring magistrates courts make interesting reading. Some readers might discern a pattern in or between courts` decisions; some might find the sentencing insufficiently severe or unjustifiably less than they would have applied.  The current sentencing guidelines are available here.  Whatever the subjective opinion there is no doubt that political considerations are driving sentencing every bit as much as judicially conceived desirable outcomes. 

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A BENCH`S DECISION IS POLITICALLY DESTABILISING

Written by RSS Poster The Justice of the Peace on the 26th October 2018 at 12:56 - Posted in Police Blogs

There is one factor in the sentencing procedures that I found was overlooked many times by experienced colleagues and "news" to those recently appointed; namely protection of the public. I take that simple phrase to mean that people should be protected from what could be reasonably be considered as the likelihood of an offender committing future crimes based upon his/her previous record.  The thinking process for sentencers could be similar to that when bail is being considered for an individual...
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POLICE REFUSE LOST PROPERTY

Written by RSS Poster The Justice of the Peace on the 23rd October 2018 at 12:40 - Posted in Police Blogs

Further evidence as if any were needed that the decimation of finances for policing is changing generations` habits of our police being regarded as with us rather than as in many jurisdictions  with them is shown by the recent but little publicised announcement by the Chief Constables` Council that the honest citizen`s instinct to hand in lost valuables at their nearest police station will be rebuffed. This decision is hoped to save £1.5 million annually although how such numbers can be...
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POLICE & LAW SOCIETY IN JOINT TIRADE AGAINST GOVERNMENT

Written by RSS Poster The Justice of the Peace on the 18th October 2018 at 14:20 - Posted in Police Blogs

It seems that the Law Society and senior police officials are getting together to spread the word that  falling numbers of crown court prosecutions are not some statistical accident or an indication that society is becoming more observant of the law. No; the numbers are indicative of fewer police to catch the miscreants in the first place and fewer police to process the cases for the CPS which is not itself directly criticised but as those in the legal world know only too well that organisation...
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THIS JUDGE IS A BULLY

Written by RSS Poster The Justice of the Peace on the 15th October 2018 at 14:07 - Posted in Police Blogs

I have opined in the past that Justices of the Peace seem to be more harshly treated for alleged transgressions than members of the professional judiciary. The recent case of a judge threatening to jail a 14 year old child if she cried in court whilst her mother was giving evidence is a case in point. HH has been criticised by the Court of Appeal. Such flagrant bullying of a minor should not be concluded with just a rap across the legal knuckles. He should be charged with misconduct. If it were...
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