goldfinger
- 09 Jun 2005 12:25
Thought Id start this one going because its rather dead on this board at the moment and I suppose all my usual muckers are either at the Stella tennis event watching Dim Tim (lose again) or at Henly Regatta eating cucumber sandwiches (they wish,...NOT).
Anyway please feel free to just talk to yourself blast away and let it go on any company or subject you wish. Just wish Id thought of this one before.
cheers GF.
ExecLine
- 28 Oct 2015 09:37
- 64157 of 81564
Once again, we find out, that, 'The Law is an Ass'..........
Criminal courts charge denied compensation to rape victim, MPs told
Judge 'deeply distressed' after having to waive payout because defendant had nothing left after being hit with £900 bill
Independent
EMILY DUGAN
A rape victim did not get compensation from her attacker because of the Government’s controversial new court charge, MPs have been told.
A Crown Court judge in south London is said to be “deeply distressed” at having to waive compensation for a sexual assault victim because he believed that a mandatory £900 criminal court charge was already beyond the defendant’s means.
The case came to light in a Justice Select Committee hearing over the criminal courts charge – dubbed a “tax on justice”.
Ben Summerskill, director of the Criminal Justice Alliance, told MPs he had “seen evidence to suggest [the charge] is impacting on sentencing behaviour”. He added: “I spoke to a Crown Court judge last night who sits in south London and was deeply distressed because he had just awarded a £900 court charge and consequently felt entirely unable to award a compensation order to a victim of sexual assault because he simply felt there was no realistic prospect of that amount being recovered. That is a crystallised example of an unintended consequence of [the charge].”
The compulsory levy is fixed at £150 if someone pleads guilty to a criminal offence, whereas it can rise to £1,200 if they deny wrongdoing only to be found guilty.
Experts warned again that it encouraged innocent defendants to plead guilty because they were worried about the cost. The Independent has previously revealed cases of poor people being hit with bills for hundreds of pounds for minor offences, such as shoplifting a chocolate bar while homeless, under the charge labelled “unjust” by the Howard League for Penal Reform.
This 'tax on justice' is leading to guilty petty criminals walking free.
Speaking about the impact of the charge on pleas, Richard Monkhouse, chairman of the Magistrates’ Association, told the committee: “We have anecdotal evidence that some magistrates have refused to accept an equivocal plea – in other words, a plea that is ‘I’m not guilty but I’m pleading guilty’. The frequency of that seems to be increasing.”
Discussing the more than 50 magistrates who have now resigned over the charge, Mr Monkhouse said: “As chairman I get a lot of emails and letters from magistrates who have specifically quoted this, maybe not as the only reason but as the final straw. There are some who have said ‘No this is it, I cannot bring myself to do this’.”
Malcolm Richardson, deputy chairman of the Magistrates’ Association, told the cross-bench committee that his organisation had not taken a position on the principle of the charge. But he added: “We certainly wouldn’t stand in the way of anyone who wanted to abolish it.”
Mr Richardson said in many cases it was unrealistic to expect to collect a fine from defendants at all, explaining: “We’re talking about people here who have chaotic lives and are lucky to get from one benefit payment to the next without going to a loan shark.”
We have anecdotal evidence that some magistrates have refused to accept an equivocal plea – in other words, a plea that is ‘I’m not guilty but I’m pleading guilty’
Richard Monkhouse, chairman of the Magistrates’ Association
Pointing out the triviality of cases that are subject to a minimum £150 courts charge, Mr Richardson said: “A colleague told me of a single court dealing with fare evasion for London Transport, dealing with one case a minute, which I worked out means she was imposing £9,000 in criminal courts charge and £7,500 in contributions to Crown Prosecution costs in an hour. These were about £1.50 evasions. That’s the sort of case you think, ‘Why has it come to a courtroom?’”
The charge was introduced by Chris Grayling and is levied on court cases for all crimes committed since April. More than 50 magistrates have resigned over it and The Independent revealed earlier this month that Michael Gove, Mr Grayling’s successor as Justice Secretary, is considering reforming the policy.
Giving evidence about the disproportionate nature of the charge, Frances Crook, chief executive of the Howard League for Penal Reform, said: “We’ve got a medieval system. A 19-year-old having a court charge on him for begging when he didn’t know begging was illegal is medieval. It’s not even Victorian.”
£180
The amount an asylum seeker was ordered to pay last month. A magistrate resigned after being suspended for offering to help pay
Ms Crook said many of those subject to the charge were pushed to crime through poverty. “A lot of people don’t choose to commit crime. A lot of people have been begging because they’re hungry; it’s not a life choice.”
Last month a magistrate who had served on the bench in Leicestershire for 16 years resigned after offering to pay towards the levy when a penniless asylum-seeker was ordered to pay £180. Nigel Allcoat was suspended and an investigation was launched after he attempted to pay part of the convict’s costs.
A Ministry of Justice spokesman said: “There is clear guidance in place to ensure sentences are not affected by the criminal courts charge. The charge should not impact on the amount of financial penalties ordered.” However, when the Magistrates’ Association’s deputy was asked at the select committee hearing whether the charge had any impact on sentencing, Mr Richardson replied there was anecdotal evidence of this.
Compensation for victims: How it works
When an offender is convicted of a crime against a person, the court may order them to pay compensation to the victim. This can cover anything from personal injury to theft, medical expenses or pain and suffering. The maximum amount of compensation that can be awarded by magistrates is £5,000.
Victims need to have told the police about any loss or damage suffered, and this information is then referred to the Crown Prosecution Service, which make the request in court.
Any compensation is limited to what the offender can afford and depends on the sentence the court has already passed.
The compensation may not cover the full cost of damage or loss, and often the offender will be able to pay it in instalments, which are passed from the court to the victim. Separately to this, any victims of violent crime can apply to the Government’s Criminal Injuries Compensation Scheme. In this case, the money comes from the state and the compensation is proportionate to the crime rather than the perpetrator’s means. This can be paid out even if the offender has not been caught.
Fred1new
- 28 Oct 2015 09:42
- 64158 of 81564
http://www.huffingtonpost.co.uk/
NO PLAN CAM
People Are Going Hungry And Cameron Doesn't Have A Strategy To Deal With It
PM Has 'No Means' Of Reducing Poverty To End Reliance On Food Banks, Report Finds
Gov Has No Idea How Many People Can't Access 'Nutritious, Affordable Food'
cynic
- 28 Oct 2015 09:48
- 64159 of 81564
MrT - at (nearly) 69, i'm quite surprised that your blood is good enough to be used in transfusions ....... of course, some of us are >69, but being jewish i'm very chary and choosy as to whom my blood might be given :-)
VICTIM
- 28 Oct 2015 09:49
- 64160 of 81564
And your answer is to let every Tom Dick and Harry into Europe/ Britain etc so we all become swamped with mouths to feed . Still at are ya .
VICTIM
- 28 Oct 2015 09:53
- 64161 of 81564
Ex Aussie PM tells EUROPE to close borders . Some speech last night to Cons . Dead right too . On BBC News somewhere .
TANKER
- 28 Oct 2015 09:56
- 64162 of 81564
cynic have given blood all my life given over 127 pints blood group o rh negative
you can keep giving blood as long as you are healthy to do so
I are very fit never get out of breath can run up any hill .
and the answer to any one who can not go and ask your doctor to put you on
gout tablets allupurinel it has been proven to be good for you heart in the states
have taken the tablet for 31 years no side affects
I am 5.8 11.7
and run to the pub and back
cynic
- 28 Oct 2015 09:58
- 64163 of 81564
as i have often said, there has to be a proper balance between genuine political refugees (eg syrians) who truly deserve our help, and the economic refugees who should have to fit certain criteria - eg required skills and similar - before they even get into the country
overseas graduates with "useful" skills are a different category, and should be allowed to stay always provided they have a job to go to following graduation or (perhaps) the prospects of one within a limited time thereafter
the current system is nuts ..... that is to say, they have to leave the country and re-apply
cynic
- 28 Oct 2015 10:01
- 64164 of 81564
oh MrT you do make me chuckle sometimes :-)
clearly the monkies are frequent beneficiaries of your blood
as for me, i too happen to be pretty fit and have no concerns for gout or similar
TANKER
- 28 Oct 2015 10:01
- 64165 of 81564
cynic all my family give blood but are now thinking of stopping because of the country is full of immigrants and our blood is goin to them . I we should all be going on the 5nov we may not go all 7 of us . all my friends have stopped because of this issue
TANKER
- 28 Oct 2015 10:03
- 64166 of 81564
cynic are you calling the immigrants monkeys
cynic
- 28 Oct 2015 10:06
- 64167 of 81564
no or only those who need rh- blood :-)
VICTIM
- 28 Oct 2015 10:07
- 64168 of 81564
Sorry I was talking to Fred before , I'm a bit miffed at the mo .
cynic
- 28 Oct 2015 10:08
- 64169 of 81564
why V?
btw "gefruntzled" is a good synonym for you
TANKER
- 28 Oct 2015 10:12
- 64170 of 81564
the pro eu supporters are gearing up to sell the public lies and more lies on the eu membership .
can anyone tell me one good thing about being in the eu for the british working classes because I can find nothing . you can not get free health or see a doctor in france spain Belgium Portugal Poland if you do not have insurance the health card from the uk gov is not any good the doctor wants cash or will not see you you can go to the local hos they will keep you waiting hours and then say come back tomorrow ,
years of travelling and see it all the time . the uk hospitals a/e full of immigrants never go to the doctors they go to a/e blocking upthe system
the eu is corrupt and rotten to the core
Fred1new
- 28 Oct 2015 10:12
- 64171 of 81564
Vic.
Couldn't hear you!
TANKER
- 28 Oct 2015 10:15
- 64172 of 81564
cynic any one can have my blood it is me that can only have my blood group
my blood is the most wanted used to save women who have troubles in birth .
VICTIM
- 28 Oct 2015 10:18
- 64173 of 81564
I always thought VICTIM was a bit sharp , I feel a bit stuck in a rut , seems everything is about crime, scams ,people being ripped off endless immigrants etc I feel for the younger ones in the future .
Chris Carson
- 28 Oct 2015 10:19
- 64174 of 81564
TANK - Love it, you should write the book. "The secret of being an active alcoholic"
Chapter 1 Always run to the pub and back LOL!!!!