Thanks to Hibbo I have a new strapline.
Nightjack – Whining Eloquently Since February 2008 ®
I think it has a ring to it. As regards YLAALOH (aka DaveH aka Tuppers aka Tupperware PC), its time to re-instate the “tough on trolling, tough on the causes of trolling” policy.
I woke this morning to Radio 5 and was not at all surprised to hear that defence solicitors were just a little bit upset about all the penalty notice giving and cautioning that is going on at Police Stations these days. As I understand it one of their sources was a specialist Criminal Defence Solicitor Digby Johnson of The Johnson Partnership. They possess a very “amusing and informative” website. They never prosecute.
Proving that anything can be made “Daily Mail ready” with the right spin, the line is that some offenders are getting off lightly by being PND’d or cautioned when they should be charged and sent before a court. Hmmm.
Digby said: “The criminals play the system day in day out. They admit the offence quickly to qualify for a ticket, which is the fastest way of getting out of the police station.” Nothing to do with costing you fees for representing them at court then? They are going to play the system anyway, so why not let them do it in the way that inflicts least demand on the public purse?
I have my own spin which is that Police, CPS and Court time is being freed up and costs reduced by the expedient of dealing swift, summary justice to those minor offenders who admit their crime. I look forward to a time when the C.P.S. lawyer actually has some time to read the file in front of them before they attend court. I hope that officers will be back out on the streets faster with a caution than with having to fire out a full file and then deal with the inevitable CJS and CPS memos before wasting half a day not being called at court. I hope that courts will be able to give longer and more careful consideration to the facts and arguments before them.
Most of all I hope Criminal Solicitors and Barristers have a good long think about killing the goose that laid the golden egg by screwing the system for every penny possible until fixed fees and central contracts caught up with them. Every defendant deserves the best possible defence? Sure, just as soon as every victim gets the best possible prosecution. Roll on the Public Defenders Office so that both sides can be represented by underpaid public functionaries.
Given that we are now hauling in people that we never used to, in cases that may be criminal strictly speaking but are so minor that they should never see the inside of a court, caution has got to be a good way forward. Where it goes wrong is lots of cautions for the same person and the cautioning of those who should rightly be prosecuted. I am sure there will be some very errrm expedient cautioning decisions made out there by various Inspectors. Some folk say that we do it to jack up the detection rates. Maybe we do when the alternatives are
a) Let them go / look the other way (see credit card fraud)
b) A toe curlingly awful meeting with the CPS followed by putting together a big file for a small job, followed by lots of memos, followed by a wasted day in court being called a liar by the representative of a guilty person.
c) Swift caution / PND and back out for some more coppering.
Oi Where’s My Fee?

Posted by saltedslug 






