Tuesday 22 June 2010

"I don’t understand our legal system."

Me neither, chum:
One car owner, who works as a chauffeur, but asked not to be named, was appalled by the lack of punishment for the boys.

His BMW suffered £2,800 damage and he lost three days work while it was fixed.

He said: “They have been caught, but there’s no punishment.

“It seems any boy or girl can go out and cause damage for the first or second time and get away with it.”
No, it doesn't 'seem' that way. It IS that way...
The car owners were told the boys had each given a final warning by police, which means they must have committed an offence in the past and been let off with an even lighter reprimand.

The system means if they commit a third offence, they will be taken to court.
Where they will face...what?

Naturally, the police sprang into action to try to justify this:
Essex Police spokesman Julia Pack said: “Final warnings are part of restorative justice and are a fully-researched system.

“A very significant percentage of people who go through that system never reoffend.”
FAIL!, Ms Pack. These have obviously not learned their lesson.

And where does the 'restorative' part of this come in?
“It gives youngsters the chance to rehabilitate without having a criminal record preventing them from leading a law-abiding life as an adult.
A criminal record prevents that, does it? Once a crim, always a crim?

What more can be said? Lock 'em all up!

But I still struggle to see the 'restorative' part of this so-called justice. Any clarity from the mouthpiece?
The police take criminal damage extremely seriously and victims can obtain details of the boys involved from us, should they wish to pursue civil action to seek compensation for the damage from the boys’ guardians.”
Ah, of course.

Do-it-yourself 'justice', naturally. With a shrug of their shoulders and a wave of their hand, it's all downgraded and passed on to the lawyers and insurance companies to sort out. If you can be bothered with the hassle, that is...

15 comments:

Angry Exile said...

I was wondering about the restorative bit until I got down to the end. DIY, just as you say. I sort of get the idea because a lot more of this type of civil action could take place, as opposed to victimhood/distress/hurt feelings/give me money type civil action. But if the criminal justice system is going to make wild claims about providing restorative justice wouldn't doing something like fining vandals the value of the damage they cause be better?

Brian, follower of Deornoth said...

I think a few charges of 'Conspiracy to Pervert the course of Justice' would be in order here. I can't find the money for the private prosecution myself, but I'd certainly send them down for it if I were on jury service.

patently said...

+++PUBLIC NOTICE+++

Inflict £2,800-worth of damage to any of my cars, and I will obtain your details from the uniformed timewasters. I will pursue a civil action to seek compensation. I will, in fact, keep pursuing it until either the car is once again pristine or they have invented a new debtors' goal just for you.

from the boys’ guardians

Hmm. Not their parents? But surely, if the State has been involved in their upbringing, how could *anything* have gone wrong?

DerekP said...

Spokesman, spin doctor, liar - what's the difference really? They all want you to believe something different to truth and/or reality. They don't like to be caught in outright lies, however, so tend to be rather careful in their choice of words.

Essex Police spokesman Julia Pack said: “Final [final, really final] warnings are part of restorative justice [or as you know it, ignoring crime] and are a fully-researched [ideological rather than evidential] system.

[Because we have taken to targeting less awkward non-criminals such as photographers] A very significant percentage of people who go through that system never reoffend.”

Clarissa said...

Just to help your blood pressure Julia:

http://www.telegraph.co.uk/news/uknews/crime/7843382/Young-shoplifters-to-be-given-jobs-in-shops.html

:)

Anonymous said...

All that'll happen here if this sort of bollocks continues is that people will simply cease bothering the police and just go to the local hard-man instead, who will deal out vigilante justice of some sort if the boys' guardians have neglected to pay him off, either before or afterwards.

It has taken us centuries to go from tribal vigilante justice to a proper, impartial and effective justice system. If this sort of non-punishment carries on, then all that's going to get thrown away and we'll revert to primitive justice with the police tagging along as a sort of parasitic adjunct, simply through sheer uselessness.

A better system can be observed in places like Singapore. There, the low-end punishment is physical; get convicted of a minor offence and you get caned. No fuss, no bother, not much expense and minor offenders ALWAYS get that sentence first time out. That's why Singapore is so law-abiding; most would-be criminals get a very nasty and unpleasant shock very early in their careers and never really progress as criminals from there; they may be useless wastes of skin but they aren't criminals because that first experience of justice put them right off the idea.

Furor Teutonicus said...

“A very significant percentage of people who go through that system never re-offend.”

If THAT is the aim, then bring back hanging. They do not re-offend after THAT either.

Although personally, I would take GREAT pleasure in applying an oxycetelyne torch to their eye balls, filtrum, and bollox.

Furor Teutonicus said...

If ANY one has the address of the boss of google, I would dearly like to apply the same treatment to him.

Furor Teutonicus said...

Ahh PHiltrum;

http://medical-dictionary.thefreedictionary.com/Filtrum

MTG said...

An almost identical experience suggests this criminality is now part of our culture.
At no small personal risk, I made a civilian arrest of a well known Almondbury brick throwing youth, after he caused £1000+ damages to my car bonnet. To the continuing despair of my Village and my absolute amazement, he was never punished.

West Yorks police DID claim the credit for the 'detection' but failed to ensure this regular criminal was brought before the Courts. They chose to issue him with a provisional penultimate notice of their very final, final warning.
Questions:
1. Do you think W Yorks police bothered to call and inspect the damage?
2.Do you think W Yorks police troubled themselves with a letter or 'phone call to thank me for my public spirited actions or 'gifting' them with a free detection?
3. Do you think W Yorks police abandoned me to find my own redress?

Answers No, No and Yes, on a postcard please, to:
Sir Norman Bettison
Gold Pension House,
Taking it Easy Street,
Wakefield, W Yorks.

microdave said...

"I will obtain your details from the uniformed timewasters"

I'll bet they won't give it to you. The offenders may well be below the age of criminal responsibility, and even if not, it would doubtless come under the data protection act...

patently said...

I'll bet they won't give it to you.

Yes, I did raise my eyebrows at that. But the man said he would - surely a State spindoctor would not mislead us??

people will simply cease bothering the police and just go to the local hard-man

Not a good idea. Then they release the offender and jail the vigilantes.

Angry Exile said...

Julia, a thought just occurred to me about the title of this post and that you and the car dealer can't understand the legal system. Do you think that's come about by accident or design ;-)

JuliaM said...

"But if the criminal justice system is going to make wild claims about providing restorative justice wouldn't doing something like fining vandals the value of the damage they cause be better?"

Possibly. But you run up against two problems:

a) judges are reluctant to fine people who 'haven't got any money', and
b) if you don't pay up, there seems to be few consequences.

"Hmm. Not their parents?"

It might mean state care or foster care, but it might also mean 'parents in the nick, living with relatives'...

"Just to help your blood pressure..."

Arrggghhhhh!

"All that'll happen here if this sort of bollocks continues is that people will simply cease bothering the police and just go to the local hard-man instead..."

That's the danger, true enough.

"If THAT is the aim, then bring back hanging. They do not re-offend after THAT either."

Agreed!

"An almost identical experience suggests this criminality is now part of our culture."

And the more this happens, and the more word gets around, the greater the chances of people finding their own justice.

"...a thought just occurred to me about the title of this post and that you and the car dealer can't understand the legal system. Do you think that's come about by accident or design..."

I think 'design' is giving them too much credit!


""

Anonymous said...

A criminal record prevents that, does it? Once a crim, always a crim?

Let's say it makes it a damn sight harder shall we?

Once upon a time we had the Rehabilation Of Offenders Act - whereby after a certain period of time (dependent on the offence) someone convicted of an offence no longer needed to declare it, which meant they could start "with a clean sheet".

The RoOA is still there, except NOW we also have the CRB and ECRB system - so even if someone "spends" a conviction under the RoOA, if an employer pulls a CRB/ECRB on them, it still shows up - and remains on file till their 100th birthday.

Ergo, the RoOA is rendered effectively null and void unless a job can be found NOT requiring any disclosure - and more and more companies are seeking them - not just those who may be government security agencies or posts working with vulnerable persons.