Draft Sentencing Guidelines for Theft Consultation from ‘Criminal Law and Justice Weekly’ Vol 178 April 5 2014

http://www.criminallawandjustice.co.uk/news/New-Draft-Guidelines-Sentencing-Thieves

wide variety of types of theft such as pick-pocketing, shop theft, handling stolen goods, car theft, leaving a restaurant or petrol station without paying and stealing by employees or care workers. It also includes abstraction of electricity – that is, when meters are tampered with or electricity diverted from another property(ibid).

Theft Shoplifting, of Energy,

Costs of Living Condem Admin costs forced onto Renters, Uniformed Professions,

Costs of Basics going UP, profit taking and exploitation of consumer and worker.

Blue Collar Theft not White Collar Crime which reflects the political complexion of the Government.

Lifestyles Alternative.

This Consultation seems very much aimed at the vulnerable Lower Orders of Society who are under relentless pressure by  Corporations whose ability  extract money from them for services/products not rendered remains unchallenged?  Therefore I would not trust that the worthiest most thought out responses would be read let alone heeded.  The MOJ deletion of #saveukjustice Consultation Responses (featured  on Crimeline Site

http://www.crimeline.info/

IMHO I would have a variable approach to Sentencing the above rather than a One Size Fits All Approach.  The challenge I see is CJS Professionals with their allied Associations getting their point across at all given #failinggraylings marginal propensity to fuck with the System.

The  Article itself is Evidence of what I call a Justice approach to Law. Correct and appropriate Sentencing for each type of Offence is JUST and needs to happen.

Whether this Consultation is allowed to be effective remains to be seen but I doubt it in the present circumstances.

Category: Sentencing

Category: Theft Offences

Courts: Mags/Crown

Lawyers: CPS/Counsel/Pupil Barristers/Crown Court Judges/JP’s/

Category Easy to agree with but a lot of hard work needing to go into the Sentencing issues re each Category of Defendant.

 

 

 

 

 

 

Criminal Law

and Justice Weekly is a   Journal published by Lexis Nexis Premier Legal Publishers  designed for  Criminal Practitioners in the Magistrates Court. These include Junior Junior Barristers, Solicitors , JP’s, who use the Courts that try 95% of the Law Cases in the UK.

Sentencing Law

 Orgs: Sentencing Council Judiciary UK

Sentencing Specialists:Lyndon Harris, Banks,

Offences Formula: Triable Summarily, Indictment, Either way.

Mags/Crown/Which way this Case be tried?

Crime: Theft

 Court:Magistrates

Law: Common Law from Mags Court? 95% of Cases tried in Mags Courts?

Category: Criminal Lawfrom convo with @lassoftruthDc and ‘JonMack@

From The Campaign @lassoftruthdc @johndmack convo basically about how JP’s are making atrocious sentencing decisions

Legal Procedure Need : Correct Sentencing

My approach to working it out:

Facts of the Case as outlined in a Judgement? several Judgments can be issued?

Mags  and other Courts Sentencing Guidelines or ‘The Knowledge’ for it

http://www.banksr.co.uk/

http://www.amazon.co.uk/Banks-Sentence-2013-Volumes-Robert/dp/095719773X

http://legalresearch.westlaw.co.uk/books/banks-sentence/

http://legalresearch.westlaw.co.uk/wp-content/uploads/2013/04/Prelim-Pages-from-Banks-on-Sentence-Vol-12.Westlaw16.5.12.pdf

 

 

Counsel Mags Handbook ( I am adopting the position of a Junior Junior Barrister who has just secured Tenancy!!)

http://www.amazon.co.uk/gp/product/0199677638/ref=pd_lpo_sbs_dp_ss_1?pf_rd_p=479289247&pf_rd_s=lpo-top-stripe&pf_rd_t=201&pf_rd_i=095719773X&pf_rd_m=A3P5ROKL5A1OLE&pf_rd_r=0D1X1SWRGEF525QVT660

State of Play Mags JP’s

Link to  Blog Post on  urgent need for 28 day bail conditions plus other Posts/Articles on Journal as appropriate.

Society Wide Factors

Social Conservatism (via Adam Wagner via OMITTED LAWYER alas.  T

 Human Rightsand ECHR Considerations

Right to Fair Trial Article 6

http://ukhumanrightsblog.com/incorporated-rights/

 

Type of Defendant featured: The Precariot***

Prisoners

Housewives/Househusbands

Unemployed JSA ESA PIP Lesser Sentence

Working Poor Danger of Political Sentencing.

Care Workers who steal lean to harsher Sentence to deter thefts from vulnerable people.

Alternative Lifestyles Danger of Political Sentencing.

 

 

 

 

 

http://www.insidetime.co.uk/booklist.asp?id=61&book=banks_on_sentence_compact

Socio-Economic Factors

Politics: Neoliberalism punishes the poor for being poor with large scale Incarceration Projects.  The Poor get Prison the rich get Justice.

There is a need for Law to be above all theses things

I would lean towards lesser Sentences but would emphasize that I would wish for Justice to be done and seen to be done (John Cooper QC on critical Courts on Camera Debate which I have watched many times) with victims being supported by Victim Support.

Right handling of Witnesses etc.

Softer more lenient Sentencing unless otherwise clear cut cases?

Politics and Sentencing.

what parameters old sentencing guidelines

New Sentencing Guidelines

Counts and Cumulative Sentences.(John Cooper QC again very helpful here if only I had had his whole Interview on Rolf Harris so I could play it and play it again!)

judge stern

five years about right (this is for Rolf Harris not Thieves who are a very common problem)

or new guidelines!!

 https://consult.justice.gov.uk/sentencing-council/theft-offences-guideline/user_uploads/theft-consultation.pdf

https://consult.justice.gov.uk/sentencing-council/theft-offences-guideline/consult_view

The Lawyers Point of View LCCSA

http://www.lccsa.org.uk/assets/documents/consultation/researchreport-theft0806.pdf

Theft is a very common Offence which will have gone up in the Recession as  costs have been increasingly forced on the Consumer.

http://www.prisonreformtrust.org.uk/Portals/0/Documents/Prison%20Reform%20Trust%20submission%20-%20Theft%20Offences%20Guideline%20consultation.pdf

 

 

 

 

 

This entry was posted in ADVOCACY, Crimeline Complete, criminal defence lawyers, Criminal Law and Justice Weekly, Criminal Practioners in Magistrates Courts, Crown Courts, Devils Advocacy, Duty Lawyering, ECHR, FIGHTFORLEGALAID, Government Consultations, John Cooper QC, JP, Judgments, LASPO2012andworst, Legal Aid UK, Magistrates Court, Magistrates Courts, NON LAWYERS, Police and Criminal Evidence Act 1984, QC'S, Save UK Justice Campaign, Sentencing, The CBA UK, The Criminal Bar Association, Theft Offence, Theft Offences and tagged , , , , , , , , , , , , , , . Bookmark the permalink.

2 Responses to Draft Sentencing Guidelines for Theft Consultation from ‘Criminal Law and Justice Weekly’ Vol 178 April 5 2014

  1. Great post, I see some definite talent! I really enjoyed the post.

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