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The huge growth in on-the-spot fines to keep offenders out of the courts is in danger of bringing the law into disrepute, the Lord Chief Justice’s chief of staff says.
Lord Justice Leveson, the senior presiding judge in England and Wales, said that the use of fixed-penalty notices in some cases had become a farce.
In one case an offender had accumulated fines to a total of £960 for “no fewer than eight notices for theft, presumably shoplifting, and one for drunk and disorderly”.They were “all unpaid, with no real prospect of ever being able to pay a single one of them”, the judge said in a lecture sponsored by The Times.
In another case, an offender gave the name of a distinguished war hero and the address of the square in which the hero’s statue stood. The judge said: “Without satisfactory confirmation of identity, again a PND [penalty notice for disorder] becomes a farce.”
The judge also expressed concern that another out-of-court penalty, a conditional caution, could undermine “our system of summary justice” because decisions were being made “behind closed doors”.
The rise of summary justice at the expense of formal hearings in the courts led to 51 per cent of offences being dealt with last year by a caution, on-the-spot fine or cannabis warning. This was the first time in modern criminal history that more than half of offences were dealt with by out-of-court punishments.
Courtroom convictions as a proportion of all offences brought to justice in England and Wales have fallen by almost 20 percentage points in five years. Figures published last month show that convictions in court accounted for 49 per cent of all offences brought to justice in 2006-07, compared with 68 per cent in 2002-03.
Cautions increased by 17 per cent last year to 350,000, fixed-penalty notices issued by the police rose by 37 per cent to 210,200 and warnings for cannabis possession rose from 57,700 to 83,000. Only 52 per cent of the fines were paid in full.
Lord Justice Leveson emphasised in the lecture at the Centre for Crime and Justice Studies, King’s College, London, that penalty notices for disorder and conditional cautions could still be useful.
Fixed-penalty notices for disorder were brought in as an effective means for police to deal with low-level, antisocial and nuisance offending, often at night and in busy city centres, for offenders aged 18 and over. But their rapid growth has fuelled fears that out-of-court punishments are being used to meet the government target of bringing 1.25 million offences to justice in 2006-07 – a target that was easily met, with 1.43 million being brought to justice.
The judge said: “There has been some concern that their use is extending far beyond those cases and, far from underlining the importance of complying with the law, risks bringing it into disrepute.”
Conditional cautions were given where an offender admitted an offence and they carried conditions that were “entirely rehabilitative and restorative”. He expressed concern at powers that will allow punitive conditions to be imposed on an offender.
“It is not a question of not trusting the police or the Crown Prosecution Service, or challenging the will of Parliament. It goes back to our system of summary justice, carried out in public by members of the public appointed as magistrates, whose decisions can be scrutinised by the public.”
Simon Bourne-Arton, QC, leader of the North Eastern Circuit, told how a man from Bradford with previous convictions for violence was offered a caution for fracturing the legs of a baby when he lost his temper.
Cindy Barnett, chairman of the 30,000-strong Magistrates’ Association, said: “We are concerned that cases that should be decided judicially in open court are being decided outside the courts system – with the potential for miscarriages of justice.”
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Fourteen stitches to open head wound as a result of innapropriate use of a baseball bat - Verbal Caution.
Conspiracy to steal £000's worth of specialist equipment from employer - Verbal Caution
Two examples of decisions in South Yorkshire in recent times,
Boxes Ticked, Targets achieved, public confidence in the criminal justice system zero.
Ged Hale Solicitor - Advocate, Doncaster S.Yorks
Ged Hale, Doncaster,S.Yorks, UK
The extent to which the police are prepared to go to avoid having to do the paperwork inherent in bringing a case to court helps to explain the growth in cautioning or dealing with "minor" crimes by fixed penalty notices.Why prosecute a burglary ( which will result in imprisonment on conviction) when you can caution for theft and criminal damage? Don't record it as a burglary.The crime statistics will look better (fewer burglaries), and the prisons will not be as full (fewer burglars). The politicians and the police will be happier, the CPS will have yet more power, and only the public will suffer. Brilliant, quite brilliant!
David Munro, Redditch,
Half the problem is that so many crimes are not really criminal, but have been criminalised by this disgraceful government. Much of the time the caution and spot fine is appropriate to the "crime" because it should not have been a crime in the first place.
Examples : criminalising smacking (that leaves marks) and smoking, and hunting.
Greg Lorriman, Leatherhead, UK
Take justice out of the courts and you have a police state. Exactly what the fascists of NuLab want, the politcised plods and CPS their willing tools.
fnusnuank, Gen., Switz.
Tough on crime. Tough on the causes of crime - really?
And remember everyone, that little line in self-serving nonsense was thought up by the current prime minister!
In just about every area, the NuLab project is being shown up to be the cynical scam it has always been!
Lets usher these charlatans out as soon as possible.
Chris Hollamby, Washington , DC
Its still rather sad how people commit crimes and walk free all in the name of an attempt to keep people out of courts. On the spot fines and ASBOS and the like have clearly failed over the years especially as stories of people who should have been locked up are allowed to walk free by virtue of these on the spot fines go on to carry out even more severe crimes.
If theres an issue with the housing of prisoners, provision should be made for alternative methods of housing them. Allowing them to walk free because of congestion is rather completely unacceptable
Chinomnso, hertfordshire, england
Kettle and black come to mind. When you look at most sentences handed out now by the wonderful group of out of touch people that pass for judges these days, is it any wonder that crime is the growth industry of the moment? with the ridiculous human rights legislation, weak politicians and an overriding EU it can only get a lot worse, ask some of the 'immigrants and oppressed refugees' why they come, you can find quite a few in the prisons!!
John Korn, North Bay, Canada
Doesn't a set of laws from the 16th or 17th century forbid the use of summary justice? Wasn't that part of the Magna Carta and the Bill of Rights?
If that's the case, aren't all those judgments invalid by default?
Concerned Reader, Oxford, England,
This governments' craze for criminalising so many mistakes/actions has nothing to do with Law. This is merely the vehicle to raise more Tax by stealth. The Lord Chief Justice appears to ave missed that.
Maybe his office could analyse the cause not the result of the statistics.
Could also look at the TYPES OF CRIMES the current system TARGETS. And I use that last word deliberately.
Then perhaps he could stand up and criticise this governments' exploitation, of the Institute he purportedly represents.
G Howard, Cambridge,
All part of NU Labour's march of 'Politcal Correctness' to dumb down society at all levels and in all walks of life. The Criminal Justice System has become a joke in the 10 years or so since NU Labour came into office. The Police are hamstrung by more and more bureucracy and targets. The NU Labour administration under Blair and, Brown are obsessed with 'Targets' and 'Performance Indicators', again at all levels of society.
All this reminds me of the centralisation of Communism. Politcal Correctness is rife, and that is the 'New Communism'.. Died-in-the-Wool Labour supporters are blinded by their own 'Righteouness', and Mr Brown and his Ministers are intellectual midgets leading this country down the plug-hole of ruination. Its about time there was major change and this usless Nu Labour government was chucked out.
Crime is rampant, as much as the new Home Secretary Jacqui Smith like to burble away, the evidence is clear for all to see -- Institutional Incompetence comes to mind!
B Clarke, Chelmsford , England
An acquaintance of mine is trying to find out whether a conditional caution has recently been given to an elected Councillor in respect of election irregularities. The police said verbally that a caution had been given, but refused to put it in writing.
A Freedom of Information request was sent, but the police refused to give an answer, claiming an exemption under the FoI Act (which is now being appealed).
The public should know what is going on behind closed doors in the name of 'justice', particularly so where election to public office is concerned. Had the matter proceeded to court, the matter could have been openly reported, irrespective of guilt or innocence.
Lord Justice Leveson is absolutely right to be concerned.
Gerald Dyson, Leeds,
Yes but they swell the treasury and that is the ONLY thing to concern Gordon Mc Brown.
Judy , Liverpool, england
The law is already in disrepute. The criminal community dont pay it any heed because it is heavily weighted to their benefit. Criminal convictions seem to be completely void of justice and the law abiding majority feel disenfranschised. Point in fact, Lord Leveson is making his comment from the point of view of the criminal, normal society has held the law in disrepute because of this for decades. Why has no jureist remarked on that? The basic ideological falacy that crimes are committed against the state (Regina) and not the individual are the root cause. By directly electing our judges and procurator fiscals will we be able to have the kind of criminal justice system we demand.
Wasim, Edin, Scotland
Does anyone remember the Mega City Judges (Dredd etc) in 2000AD?
I used to love that comic as a kid but now i'm thinking it's a slippery slope......
Andrew, London, England
Yes Terry,
I worry about this myself. As worrying however is the fact that the New Iiebour Govt. want the Civil Courts to be self funding. Obviously they don't want too many people challenging them in Court?
Pete Balchin, Solicitor , Bristol, UK
Fixed penalty notices should be given out for minor drug possession offences - rather than the ineffectual "street warnings" and cautions.
The rest of Britain has to pay tax on their legal intoxicants - why not the potheads!
Richard Garland, Manchester,
The law has already been brought into disrepute in many ways - police dishonesty, the introduction of majority verdicts, the relaxation generally of the fundamental principles of "beyond reasonable doubt" and "innocent until proven guilty", detention without trial, prosecuting people simply for defending themselves (because the police won't), the family courts etc.etc.
Martin, Newmarket, Suffolk
Very soon, all trials and sentences will be out of court. Summary justice will reign, and the judiciary will be reduced to rubber-stamping political decisions.
Terry Dell, Weybridge, UK