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Police: SNAPSHOTS OF SOCIETY WARN OF THE SIRENS

Written by RSS Poster The Justice of the Peace
When individual court cases or major malfunctions in NHS or Defence are highlighted in the media the response from officialdom is not unlikely to be words or phrases emphasising that the matter in question was atypical and for x,y and z reasons this department always has the safety of the public or the best interests of society and we have systems to cope etc etc etc.  The failure of such parrot fashion replies and excuses is that we have all been here before; the individual case or incident can be likened to a snapshot which although not giving a running account accurately depicts the vista at a particular time. The awful tragedy at Grenfell Tower is a recent example.  Eighty lives or more could have been saved but for the apparent complete malperformance of many individuals.  There is no doubt that those found guilty of criminal activity will pay dearly with the judiciary given reminder by whispers from on high that examples must be made just as happened after the riots of 2011 although there will never be official...

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Police: A SMALL SIGH OF RELIEF FROM PROFESSIONALS

Written by RSS Poster The Justice of the Peace
My professional life prior to and whilst an active magistrate was as an eyecare professional.  I must have inspected literally tens if not hundreds of thousands of retinae.  Some of these showed patterns of serious ocular or systemic disease and such patients were referred onwards to appropriate specialists. No doubt it was unlikely that I had not missed at least one case which might have caused serious problems for the patient. I will never know.  What I do know is that I retired with an exemplary professional record as do most eyecare professionals. Therefore it was with some soul searching that I first read of the optometrist found guilty last year of gross negligence manslaughter. There but for the grace of God go I

Earlier this week the Court of Appeal overturned her conviction. The basic argument for her appeal`s success is reported here in the local newspaper. It seems to me the logic is impeccable.  The parents who lost their child responded with anger; that is their privilege although it does take the form...

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Police: SENTENCING GUIDELINES//ASK THE SCOTTISH PEOPLE

Written by RSS Poster The Justice of the Peace
For over ten years sentencers in England & Wales have lived with Sentencing Guidelines. Having been there at the beginning and noting their current manifestation at least as far as magistrates` courts are concerned I am not sorry that according to the MOJ and its rules my time was up a couple of years ago. Indeed I stopped sitting in advance of retirement so as not to have to pronounce on the iniquitous now rescinded Criminal Courts Charge.  The Guidelines in their latest incarnation are a labyrinthine exercise in algorithmic steps leading to a supposedly constant outcome for the circumstances of the offending in every area of the nation rich or poor, town or country, male or female or........oops........best I don`t go there........etc etc. By their very nature and reason for being they have removed almost entirely sentencers` discretion.  Any deviation has to be explained in open court.  Indeed if the present trend continues there will be no need for sentencers at all; it doesn`t take much imagination to...

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Police: THE SACKING OF RICHARD PAGE ex J.P. PART 2

Written by RSS Poster The Justice of the Peace
"There are so many overlapping, complementary and contradictory  aspects to the apparently simple case of Richard Page that it is my belief that we ain`t heard the half of it yet".  I concluded my post of 18/3/2017 with the preceding sentence. Now the case has taken a further twist; Mr Page, from Kent, is bringing a claim of discrimination, harassment and victimisation against the NHS Trust Development Authority, under the Equality Act 2010. A four-day hearing begins today at Croydon Employment Tribunal.

Background information is available here on Christian Concern.  
 


Police: THE JEREMIAH JUSTICE OF THE PEACE BLOG

Written by RSS Poster The Justice of the Peace
When I was a student the situation re law `n order was on the surface reasonably transparent; you committed an act which for various reasons was considered illegal, somebody called the police and if admitting guilt or found guilty an appropriate punishment would be ordered: simples.  Not any more it is. Councils in liaison with or without police have umpteen powers to enforce restrictions, impose fines, relocate individuals etc all without the orders of a court.  In straightforward language those people who transgress in someway against certain specified norms and who can be wholly innocent of any criminal offence can be subjected to arbritary demands of a council official or police constable.  In most such cases the victimes have not the wherewithall in any worthwhile capacity to resist such orders.  This case is a classic example.  The property does not belong to the council but to a private landlord and no charges have apparently been brought against either of the occupants yet one of them has been evicted.  By its...

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Police: IS 2 OUT OF 3 A SATISFACTORY MARGIN FOR GUILTY VERDICT IN COURT?

Written by RSS Poster The Justice of the Peace
In all the many hundreds of articles, tweets, posts etc on the workings of magistrates` courts rarely is it written or explained that in a bench of three lay magistrates a unanimous decision on guilt or innocence is not required; it is sufficient for only two of the bench of three to be in agreement.  Such a majority verdict is not made public. The court is simply informed of the decision.  This has long struck me as at least inherently less than transparent and at most departing from judicial honesty. The fact that I have never heard comment form senior judiciary is astonishing.  If the public were to be told there would not unlikely be an outcry.  In Scotland`s higher court a simple majority of fifteen jurors is all that is required for a guilty verdict. At all court levels including summary matters a third option is the "not proven" verdict. Wikipedia is a fine reference source. If ever there was an argument and one with which I agree for the Scottish Verdict to be available in England...

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Police: THE CPS//QUANTITY INJUSTICES OVER QUALITY JUSTICE

Written by RSS Poster The Justice of the Peace
Everybody likes to win whatever the competition. The anodyne statement that "It`s the taking part that counts" is often just an excuse for losers. Organisations of all sizes and complexities will always seek to demonstrate that their performance in one way or another is the best or is improving at such a rate that confidence in its ability to do whatever it`s supposed to do is or has improved. Business, academia, trades, professions etc etc all provide statistics and/or analyses to indicate their success or to provide reasons (excuses) for a poor or unfulfilled performance. Nowhere IMHO is this approach more seriously undertaken than at the MOJ.  It might be my imagination or incompetence but I have the clear impression that there are now fewer statistics published on dealings at magistrates` courts than in years gone by. For sure there are tables on courts` efficiencies and timeliness but I have today found it impossible to source numbers of defendants and convictions on charges of common assault; a...

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Police: COURTS` EXTENDED HOURS

Written by RSS Poster The Justice of the Peace
With increasing concern at the plans of HMCTS to impose extended hours for court sittings Twitter has been a useful pointer.  On Inside HMCTS Blog there is published a series of questions and observations to the organisation including by a couple of crown court judges.  Surprisingly there is not a single word referring to or written by magistrates except an unanswered series of questions I noticed yesterday.  I copy that part below and will do similar when a reply is published. 

Have you secured sufficient numbers of magistrates to the proposed rota for extended hours? Similarly have you DJs in place. If to my first question the answer is "no" will you attempt to use DJs more often? Have you sufficient of them for your proposed needs? Do you have a division of sittings in mind for JPs and DJs?


Police: PUTTING THE WORLD TO RIGHTS

Written by RSS Poster The Justice of the Peace
Put the world to rights; that phrase is often used to describe conversations in the pub where Joe Everyman gives his opinion on what he would do to change the world between downing his pint and opening another packet of crisps.  It is a derogatory way that the elite of this country describe the opinions of the plebs.  There are, however, some situations where the elite have failed us, are failing us and will continue to fail us. Nowhere is this disdain for acting for the common good more apparent than in the panoply of our justice system.  I have posted, perhaps too often, on the failure of government to divert addicts from the criminal justice system to the health services.  The active removal of legal safeguards for defendants in our courts by the withdrawal of legal aid for those most in need is nothing short of a disgrace. The removal similarly of that benefit to parents in the family courts as demonstrated by the tragic matter of baby Charlie whose parents were able to seek justice whatever the outcome only by pro bono work...

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Police: PUBLIC DISUNITY//WHY THERESA MAY MUST GO NOW

Written by RSS Poster The Justice of the Peace
It seems to this distant observer that a form of mob rule is gradually taking over certain areas or our lives.  On a political level Big Chief Corbyn and his indian braves have asserted that one way to achieve power is by having a 1,000,000 protesters on the streets. This should not be a surprise.  That he is an avowed Marxist who has made no secret of his intentions is clear from this speech in 2012.  As is their historical profile those of similar philosophy have been involved (allegedly) when local groups have had and are having real concerns about decisions affecting their lives made by socially and politically distant often state connected organisations. The issues surrounding the Grenfell fire, genuine and perhaps criminal, are being used to undermine the fabric of the state and it is not unlikely that a few years down the line results of inquiries and prosecutions whatever the results  will be used as stick to beat all authorities however involved.

Actions of police are under the microscope of public...

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Latest The Justice Of The Peace Stories

PROVEN ANTI SEMITE IN LEGAL PRACTICE
MOJ & FAKE NEWS//MILLENIALS
COURTS` INCREASED WORKING HOURS
WITNESSES & DEFENDANTS MUST NOT BE VEILED IN COURT
WHISTLEBLOWERS//WE OWE IT TO EACH OTHER

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Emergency Shorts:
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