Thursday - December 03, 2009

Name and shame offenders – but not if it upsets family, says Government

Nobody wants to upset a family of innocents, and they do exist here and there. But this just seems another case of lopsided support for the criminal class.  For example, there’s another story in the paper of three brothers with looooong criminal records who are finally goin go to jail for various offenses.  They are known as The ASBROS.  One of them received three ASBOS (Anti Social Behavior Orders) in one month.  Now wouldn’t you think someone in city hall would see and understand that these things just don’t work. And anyway, it’s not easy shaming these scum, is it?
Sorry for the family that may not be in the wrong when one of the clan goes off the rails.  But there seems to be way too much consideration for the rights of the damned then there are for their victims.

Police intending to get tough on criminals by “naming and shaming” them on websites have been told details may not be published if it upsets the offender’s family or breaches their human rights.

By Tom Whitehead, Home Affairs Editor
03 Dec 2009

Information on local offenders and their convictions will also only be online for a month and may not carry photographs after officers were told to consider any “"unjustifiably adverse effect” on the criminal.

First time offenders may escape be identified as could those who are undergoing drug or alcohol rehabilitation as part of their sentence.

In other cases, individuals may not be named at all while the public will simply be told that “someone” was brought to justice while in other situations the details will be handed out in leaflets locally rather than on a website.

The warnings come in fresh guidance from the Ministry of Justice and make a mockery of promises to name and shame criminals locally as part of the Government’s Justice Seen, Justice Done campaign.

Just last month the measure was strongly promoted by Alan Johnson, the Home Secretary, and Louise Casey, the Government’s anti-social behaviour tsar, and a number of websites, including ones from Dorset and Merseyside police forces, were heralded as shining examples.

The MoJ guidance, aimed at local authorities and police, stressed that the presumption should be to routinely publish details, such as an offender’s their name, age, where they are from and their offence, after they have been convicted in court.

But the document then listed a series of caveats where that publication may be limited or not appropriate.

Officers will need a specific reason to publish photographs, it said.

Data protection and human rights laws mean there are also restrictions on what is published, how it is made public and for how long.

Police and town halls should take into account the impact of publishing on the offenders’ family, the guidance said.

Officials should also consider whether it is “proportionate” to make the verdicts and sentences public and whether publishing personal details could have an “unjustifiably adverse effect” on the criminal.

It should only be online for a month because it is not supposed to be “an ongoing record”, the document, Publishing Sentencing Outcomes, said.

They can consider saying just that “someone” has been convicted of a crime without revealing the specific details of who, if that is enough to reassure the public.

With minor crimes they can say only the number committed and how many were dealt with and not publish any more details.

Fears about the long term “adverse consequences” of publication on criminals mean the data might be limited to people who live near where the crime is committed.

And instead of putting it on the web, forces can hand out leaflets or make information available at public meetings.

“Online publicity needs to be justified, and will not usually be appropriate for minor offences/sentences or for first time offenders,” the document states.

MORE HERE

Posted by peiper     on 12/03/2009 at 08:55 AM   
Filed Under: • Crime • Daily Life • Family • UK •  
• Comments (2) • Trackbacks(0)  Permalink •  

DISCLAIMER

THE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND THE HOSTS OF THIS SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS.

Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:

1. Keep a firm grasp of Right and Wrong
2. Stay involved with government on every level and don't let those bastards get away with a thing
3. Use every legal means to defend yourself in the event of real internal trouble, and, most importantly:
4. Keep talking to each other, whether here or elsewhere

It's been a long strange trip without you Skipper, but thanks for pointing us in the right direction and giving us a swift kick in the behind to get us going. Keep lookin' down on us, will ya? Thanks.

THE INFORMATION AND OTHER CONTENTS OF THIS WEBSITE ARE DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES OF AMERICA. THIS WEBSITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND ALL PARTIES IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AMERICAN COURTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPLICABLE IN ANY OTHER COUNTRY, THEN THIS WEBSITE IS NOT INTENDED TO BE ACCESSED BY PERSONS FROM THAT COUNTRY AND ANY PERSONS WHO ARE SUBJECT TO SUCH LAWS SHALL NOT BE ENTITLED TO USE OUR SERVICES UNLESS THEY CAN SATISFY US THAT SUCH USE WOULD BE LAWFUL.

Copyright © 2004-2008 Domain Owner