(UK) Riots: magistrates advised to 'disregard normal sentencing'

Source: The Guardian

Magistrates are being advised by the courts service to disregard normal sentencing guidelines when dealing with those convicted of offences committed in the context of last week's riots.

The advice, given in open court by justices' clerks, will result in cases that would usually be disposed of in magistrates courts being referred to the crown court for more severe punishment.

It may explain why some of those convicted have received punitive sentences for offences that might normally attract a far shorter term.

In Manchester, a mother of two, Ursula Nevin, was jailed for five months for receiving a pair of shorts given to her after they had been looted from a city centre store. In Brixton, south London, a 23-year-old student was jailed for six months for stealing £3.50 worth of water bottles from a supermarket.

Read more: http://www.guardian.co.uk/uk/2011/aug/15/riots-magistrates-sentencing

Preferably in a back parking lot away from the public.

The magistrates/police or the people/rioters*?

Context is everything.






* They call the people "rioters" but they don't call the police "counter-revolutionaries" or other loaded terms. Weird.

Does that help?

Did they crack down and change procedures for the bankers?

If not, it's a little hard to get frightened and outraged.

NOT!

Take your Faux outrage someplace else!

It's good that we each know which side we're on.

Who don't want their shit destroyed & taken from them, glad to know what side your on.

When you say "shit destroyed" are you talking about jobs/401K's/social justice OR are you talking about socially dependent infrastructure?

It's a fine line. However, I know who has done more damage. The "riots?" A few million. The "insert term for the establishment?" Trillions.

Try some perspective sometime.

...reap the whirlwind

Real Animals create a housing bubble, mortgage backed security scam, and credit default swap mess, pocket the profits, crash global markets, and get away scott free

Real Animals push austerity and government spending cuts after pissing away the public's money on unwarranted war and financial bailouts - instead of promoting infrastructure building, jobless benefits, youth employment programs, etc. And they get away scott free.

I don't see *those* animals thinking twice. They are running wild as we speak.

In the UK it was New Labour who turned a blind eye to the non status mortgage scam. In the absense of that we wouldn't necessarily have had that bubble here in the UK. If you'd had such control in the US would you have had the bubble ?

who stole trillions and collapsed the economies of every country in Europe, and in the US, should get?

Revenge sentencing will only make things worse. Now they actually do have something to riot over and probably will.

Did you forget what started the riots, btw? Or is the killing of a poor person by the police, no big deal because he was, well, poor?

Mindless simplicity much? Sad really, how mislead people can be by the media and it's overblown reactionary crap,.



Steal a bottle of water, and you get six months in jail,. steal a billion pounds from a retirement fund and no investigation at all,. more likely a knighthood or an appointment to a parliament position. Sort of a one sided system me thinks.

Some fools suck up the media hype BS like it is peruvian flake on a mirror.

Shall we play a game?

http://www.youtube.com/watch?v=D-9l5jSDL50&feature=related

IMO.

If you are a plutocrat who has been reading the handwriting on the wall, you will want any spark of possible rebellion snuffed out vigorously - so forcefully that everyone will decide to just sit home and watch telly the next time.

Disproportionate law and order responses are the stock in trade of fascist regimes everywhere.

to deliver exceptionally harsh punishments for anyone putatively involved.

with first offenders getting custodial sentences for petty crimes that would normally punished by fines or suspended sentences. Many have no previous convictions and one gets the impression that these relatively stiff punishments are designed to prevent the general populace participating in future riots rather than deterring the criminal gangs who appear to have instigated some of the disturbances.

It is worth noting that defendants arraigned before Magistrates who sit without juries are more likely to be convicted than those brought before higher courts where the jury decides guilt. As a consequence those indicted on more serious offences while potentially risking heavier sentence have a much higher chance of acquittal than in the lower courts . This is particularly the case where evidence consists largely of the uncorroborated statements of police officers.
In this case the greater the time delay from riot to trial in the Crown Court will probably benefit defendants as may also the tendency of superior court judges to be less amenable to government pressure.

Now they'll have hardened antagonists on their hands. Next time they'll be packing guns.

You can't fight with force. It does not work.

on the subject of theft and burglary etc,for those who need to distinguish between UK and US law , the main difference may be that here in the UK no distinction is drawn with regard to actual value. In other words we don't have different degrees of theft such as "grand larceny". Added to that and given that most of these cases are being treated as burglary there is the additional aspect of "aggravated"

In the normal course of normal everyday events I think Magistrates would refer charges of aggravated burglary, as opposed to straight forward breaking and entering, to the Crown Court anyway. That's because Magistrates guidelines limit sentencing to 6 months and aggravated burglary can carry far higher sentences, depending on the severity, up to and including life - general notes here : http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/aggravated_burglery/

With regard to twitter and BBM messaging to "arrange" events - similar circumstances may arise because accessory and conspiracy both carry the same penalties as the principal offence.

As such there don't seem to be much on which the Magistrates would've needed advice. Having said that they may have been told not to hand out any "slaps on the wrist" - a subject that pisses off a lot of our population anyway given that if our home has been burgled we don't expect the offendor to get off with just a warning which is what frequently happens.

In the Crown Court that role is generally taken by jurors. The higher court has greater sentencing power but it is also true that the defendant stands a greater chance of acquittal than if tried soley by an official of the Crown. It is also possible that Higher Court judges may ignore government pressure and show more discretion in sentencing than the politicians imagine.

Getting the Magistrates to sit all night was one thing : can't see that happening at the Crown Courts.

As for "government pressure" it could be that the Magistrates are actually happier being left to their own devices devoid of the constraints imposed on them.

My only experience of a Magistrate is from the other side - standing bail for a friend's son to stop him being banged up for Xmas back in 1990. I was the only person available with a clean record. :)

Thanks for what you added.

What 'entitlements'?

which started at Clarkenwell Magistrates and has now been retracted. The only advice which was actually given was to remind Magistrates with regard to their sentencing powers.