75ZT Community

http://www.bbc.co.uk/news/uk-27285078

I just hope it won't have been watered down by the time it's in Statute.

I agree, about time too.

On the Jeremy Vine show today (only heard part of it) they were talking to people who had friends and relatives killed by banned drivers. Some of those drivers had umpteen convictions including several bans. Perhaps these type of people should be sent to prison BEFORE they kill someone.

PaulT wrote: Perhaps these type of people should be sent to prison BEFORE they kill someone.

We do.

raistlin wrote:

PaulT wrote: Perhaps these type of people should be sent to prison BEFORE they kill someone.

We do.

Paul your comment got me thinking about the various reality police programmes and yes, they do sometimes stop banned drivers who are then sent to prison. I suppose they do not mind going to prison so will never play by the rules - no doubt they are still traumatised by their hamster dying when they were two.

Is it me or would we be better off without some people.

The problem is that DWD is a summary only offence meaning we can only send to custody for six months after trial, four months if pleading guilty. Double those if two or more separate offences. So in the majority of cases they will be in custody for two months or less.

Yes, there are some recidivists for whom the thought of prison holds no terrors.

So Paul I take it if someone has half a dozen previous offences ot DWD you cannot give a longer sentence for this next instance than 6 or 4 months - about time your hands were not tied behind your backs.

Just so Paul. I'm not convinced of the effect of short term ( less than 12 months) custodial sentences because experience tells me they are ineffective, but there are times when they are appropriate purely for punitive reasons.

Some time ago, Magistrates' Courts were to be given the power to sentence for up to 12 months or 24 months for two or more offences (as a matter of interest, the same as we have now in the Youth Court). It went as far as being incorporated in our sentencing guidelines and some of us had even done the concomitant training courses, until the administration suddenly realised that they have even less control of the Magistracy (being volunteers and beholden to none and so able to totally disregard the blandishments and veiled threats of the executive) than the salaried Judiciary.

Most of the salaried Judiciary were in favour as it would reduce the workload on the Crown Courts but, of course, it didn't happen because the custody estate could not cope.

The upshot of which, is that when a defendant says "They can't send me to prison because they can't afford it.", through gritted teeth we have to agree.

Always seems strange that Magistrates have to send certain cases to Crown Court because the sentence, if the person is guilty, is higher than they can issue. Seems to send out the wrong message about the abilities of Magistrates.

PaulT wrote:Always seems strange that Magistrates have to send certain cases to Crown Court because the sentence, if the person is guilty, is higher than they can issue. Seems to send out the wrong message about the abilities of Magistrates.

Could it be about the Crown Court not happy about relinquishing authority and control over perceived 'lesser beings' and reinforcing some nasty prejudices? The voluntary sector being theoretically expendable (or at least those that won't toe the line) and therefore undervalued?
Just my cynical view of authority escaping.

In fact the Crown Court are happy to get some of their workload removed. In addition, it is the fact that we are volunteers which worries the administration because they cannot appeal to our pecuniary interests Drives them crackers.

Sounds like a wonderful opportunity for CC to gain a hoped-for pecuniary advantage by paying for it. I say hoped-for. However, I suspect it would be likely to be declined if offered.

Jumper wrote:Sounds like a wonderful opportunity for CC to gain a hoped-for pecuniary advantage by paying for it. I say hoped-for. However, I suspect it would be likely to be declined if offered.

Lost me completely.