Thursday 18 August 2011

Sentencing and the Riots

The defendants accused of riot related offences are experiencing 'the full force of the law.' The Bail Act seems no longer to apply and immediate custody or committal for sentence to the Crown court is the norm. On a cost benefit basis, this appears to lack thought. Prisons cost a lot of money - it's far better to impose suspended sentence (to act as a deterrent to with regards to future behaviour) coupled with a community penalty (curfew and/or community punishment.) But practicality was never the strong point of thieves or Magistrates!

Teams of riot police smashing down doors to extract some retribution may look 'tough,' but is another step down in the relationship with 'youth,' emotion not the best driver of action.

Thursday 4 August 2011

You couldn't make it up


Even the case hardened can be amazed by the facts of the case reports. R.v. Maxwell (Paul) the Supreme Court 29th July 2011.


Mr. Chapman was the main prosecution witness in the case of robbery and murder. The case report says 'the police has systematically misled the Court, the Crown Prosecution Service and Counsel by concealing and lying about a variety of benefits received by Chapman and his family. These included not only financial rewards, but also visits to brothels and permission to consume drugs in Police company.'

London Weighting


We are the consultation period for the Funding Order which will abolish London Weighting in Magistrates Courts cases for defence solicitors. In researching the background to this arbitrary cut it has become clear that defence solicitors we are now paid less than in 1991. The rate then for preparation was £44.50 per hour. the rate from October 2011 will be £49.70 per hour, but in 1991 travel and waiting time was paid in addition. Unbelievable!