Saturday, 16 October 2010

A Response

I notice that Inspector Gadjet is highlighting the case reported in today's Daily Mail of three young professionals spared custody for assaulting a passenger on a train. This report comes hard on the heels of the recent article basically saying it's virtually impossible to get sent to prison nowadays. I think it's important to respond, but I'd rather try and shed some light on the issues rather than just generate heat.

  1. As of 8th October there are 85,325 people in prison in the UK. I believe this is close to an historically high figure. The UK imprisons 151 people per 100,000 of the population compared to 95 in Germany and 85 in France.
  2. It's always difficult to pass meaningful comment on a sentence in the absence of full information, but I'm going to stick my neck out and say I think it's about right in this case. Having good professional jobs, I'm assuming the three had no relevant previous convictions. They got the maximum number of CS hours and four months imprisonment suspended for 12 months. The compensation to the victim was £300 which tells me the injuries were relatively slight. Had the three got custody, no order for compensation could have been made, or indeed the Order for Court costs of £660 and they would have lost their jobs. They will have to complete the CS as any breach of a Suspended Sentence Order from Crown Court  will almost inevitably lead to activation. They were lucky - I've had cases where one blow led to death and a subsequent life sentence for manslaughter. 
  3. In relation to the other recent case of three young men assaulting and torturing over three days a 17yr old suffering from aspergers syndrome, I feel the sentence of 80 hours CS and a curfew order probably doesn't reflect the seriousness of the offences (although I don't know what the charges were) and I think an appeal by CPS is likely.   

  

1 comment:

  1. In respect to the case you mention at point 2 - the one on the train. I think that in the case of very minor assaults then I can see the argument that they should be given a chance to help them avoid losing their jobs. However, in this case I think the point may be irrelevant. If I were employing any of them then they'd be out of a job for behaving like that on the basis that they now have very tarnished reputations and their reputations reflect upon me and my business. They'd be gone; no question of it.

    In a case where people indulge in a group attack upon a lone individual for no reason at all I can see absolutely no reason why they should avoid custody. It maybe that there was strong mitigation for suspending the sentences that has not been reported, but I'm at a loss to think what it might be.

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