So, according to Ms. Louise Casey and colleagues at the Cabinet Office, there is a simmering crisis of confidence in the Criminal Justice System. They must have been reading Police blogs. The people believe that the system is distant, unacountable, unanswerable. They know in their bones that it is set up to protect the interests of the criminal rather than the victim. Of course it is and it has been for a long time “10 guilty men go free so that an innocent man is not convicted etc etc etc.” That bit is important and if we ever lose sight of it we are all in trouble. Looks like another 12 months wasted of wasted navel gazing unless you count copping for an Order of The Bath.
Enough already, she’s telling us what we already know, that a very good majority of the people think that Criminal Justice is nothing but Justice for Criminals. Where is the meat? What are the headline proposals? What does Ms. Casey propose to address this general perception of injustice and unfairness? Let’s be clear, when three quarters of folk are feeling badly let down, we are not too far from the sharpening of pitch forks and the gathering of a big vat molten tar and the contents of the duck down duvet. These are the proposals from Ms Casey that I could find. Unhelpfully, I can’t find the actual report anywhere. If anybody has it in .pdf I would be eternally grateful for an e-mail because I feel a bout of Fisking coming on.
- Make those doing community punishments wear day-glo jackets.
- Make them do the whole lot in one go, 8 hours a day, 5 days a week, not spread out over a year or two. If you are working, kiss goodbye to your evenings and weekends.
- Privatise the supervision of these communtity punishments
- Make it unpleasant work that the rest of the community wouldn’t like to do.
- Allow old folks to give evidence anonymously.
- PCSO’s to get more powers to detain people and give on the spot fines
- The appointment of a Peoples Crime Czar.
These are proposals of such shocking and shallow worthlessness that I am errr shocked. Now I do hope it means an end to sentencing criminals to a bit of light weeding and decorating but I doubt it. As for the Peoples Crime Czar, if we need one of those, we are in the poo. We’re supposed to have two of them already. One is called Jack Straw and he lives at the Ministry of Justice. The other is the former teacher and reformed drug user who shafted me on the pay arbitration Do they need special help to listen? If they do, there are meant to be 42 little helpers and attendant authorities, and a childrens czar and another 3 for the regions and a sentencing panel and…and….well you get the idea.
And so we come to the NightJack contribution to the debate.
My belief is that we should use the Criminal Justice system to punish offenders, reduce the likelihood of them re-offending and to protect the public from determined and unrepentant repeat offenders.
Offend once or twice and repent and nothing too bad will happen to you. We will even help you get your life straightened out. Its a civilised society, we do civilised things. However, choose to be a career criminal or to commit a very serious offence and risk being a career prisoner. I believe in personal responsibilty for your own choices. That’s where I am coming from. Lets stop enabling and endlessly forgiving. Lets be ruthlessly realistic about reform and rehabilitation.Some will listen and learn and some will not, let them show their colours and then deal with them accordingly.
I believe that a judge should look at the criminal record, look at the offences and think what does that tell me about the person? Have they been given chances? Have they thrown them away? Pretty much everyone expresses remorse and regret pre- sentence, unless there is something very special to say, the pre-sentence report is not going to be very enlightening. Yes it is hard sending someone to prison for a long time but Judges are there to make those hard decisions for us. At the moment, they are not perceived to be doing that. We need to give them a framework and mandate to be harsher with the repeat and serious offender tempered with the knowledge that there have been effective tools offered to move those who want to away from criminality.
Fines
Stop fining people and charging costs against. It just creates more crime, more paperwork and more benefit claims. Just stop it. If you are not going to imprison, use a community punishment instead. If you want pleading not guilty to be a lottery, keep charging costs. People have a right to plead not guilty. If they do so in the teeth of the evidence, sentence them more heavily but charging costs…….come on.
Restorative Justice
The research is in. It works tolerably well when used appropriately and it is cheap as chips. What’s not to like?
Community Punishments
Should be the daily tool and stock in trade of the local Magistrate. They know their communities. Hard, fair, prison alternative for non compliance set out as part of the sentence so that the offender gets to make an informed decision. Where appropriate, this could even be go back to your studies learn to read, write and do sums to the level expected of an 11 year old or go inside. Drugs Treatment and Testing Orders with the emphasis on treatment. Whatever works best, whatever it costs, it will be cheaper than prison. If the treatment is give them heroin then I can live with that and it is cheaper than the testing. I would rather have the scarily bright eyed, mantis-looking smack head lying wasted in his bedroom on Diamorphine BP than out looking to mug my Mum for his next bag.
Prison
Only Judges should get to send people to prison. I think the evidence is in on short sentences, they aren’t worth it. Repeat convictions for less serious offences should lead quickly to very rapidly escalating terms of imprisonment. Limited chances once you have passed all attempts at community / non custodial rehabilitation. You want to play hard with society, we can play harder. It’s not about your good anymore, its about us. I am sick and tired of seeing the pattern of short sentence – fine – community – short sentence – fine – community played out case after case in court after court. Lets stop this silly merry-go-round. If you don’t want to go to prison for years and years then stop offending.
The prison sentence given is the prison sentence served subject to a maximum 25% discount available to the prison governor for good behaviour, good progress, efforts to rehabilitate yourself etc. Put the criminal’s salvation in his or her own hands. Make them responsible for their actions.
Offend in jail and it’s not governor’s punishment, its another trip back to court for a consecutive sentence if convicted.
Make prisons somewhere that you can get a decent education, decent mental health care, get drug free or drug maintained (your choice criminals) and where being reasonable, working hard and keeping the rules gets you somewhere and being an unpleasant bastard gets you cardboard furniture, cardboard food and a copy of the religious tome of your choice.
I could be barking up the wrong tree but that is a Criminal Justice System (Punishment and Penalties Division) that I could have confidence in.

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