Tuesday - March 11, 2008

THE ALL NEW , ALL FAIR UPDATED CRIMINAL JUSTICE SYSYEM IN THE ONCE G.B.

Actually that should read, Criminal Justice system.
I haven’t posted in a few days and frankly with all the crime news here I simply thought, hey. Enough. Same old same old as Drew wrote on another subject earlier.  But this one takes the prize.
A month ago I thought I had nailed the Moonbat award for the whole year, then the powers that be here come up with this gross insult to their law-abiding taxpayers.

Just what in the hell are these folks thinking?  Or maybe they aren’t.

Lighter sentences for ‘desperate’ thieves

By Philip Johnston, Home Affairs Editor
Last Updated: 1:00am GMT 11/03/2008

Burglars and thieves who steal to fund an addiction to drugs, gambling or drink could escape jail even if they target a vulnerable victim such as an elderly shopkeeper, under new official guidelines.

Judges and magistrates have been told to take an offender’s dependency into account when sentencing.

Crimes committed out of “desperation or need” will also be considered a mitigating factor when deciding whether the offender should be jailed.

With the prison population at a record high, the guidelines will be interpreted as an attempt to keep more criminals out of jail.

The recommendations were issued by the Sentencing Guidelines Council, which is chaired by Lord Phillips, the Lord Chief Justice.

They cover offences of theft, including picking pockets - though not mugging - and burglary from non-domestic buildings such as shops, doctors’ surgeries or churches.

The guidelines state: ‘’Many offenders convicted of acquisitive crimes are motivated by an addiction, often to drugs, alcohol or gambling.

‘’This does not mitigate the seriousness of the offence, but an offender’s dependency may properly influence the type of sentence imposed.

‘’The fact that an offence has been committed in desperation or need arising from particular hardship may count as personal mitigation in exceptional

circumstances.’’

Last night, the Conservatives said the guidelines were a sign that the courts were being pressed into alternatives to custodial sentences because jails were too crowded. The prison population recently topped 82,000 for the first time and 80 prisoners a day are being freed early to keep numbers down.

Nick Herbert, the shadow justice secretary, said: “People will be uncomfortable with the idea that professional thieves who prey on the vulnerable may only receive community service. Punishments should fit the crime, not prison capacity.”

Patrick Mercer, a Conservative member of the home affairs select committee, said: “Whatever the background of the criminal they should be made to serve the sentence. Rehabilitation can go on in prison. I don’t see why these are mitigating factors.”

Under the proposals, the normal starting point for punishing a theft from a vulnerable person would be 18 weeks’ imprisonment. The sentencing council proposed a maximum of three years’ jail in cases involving force or intimidation against a vulnerable victim.

Thieves who steal from shops could escape prison even if they use force which results in minor injuries to a victim, or if they use intimidation.

The starting point for a punishment in such cases should be six weeks in jail - but again, this could reduce to a community punishment if addiction is a factor.

The guidelines state that it “may sometimes be appropriate” to impose a drug rehabilitation or alcohol treatment order, as opposed to a jail term, to break the cycle of addiction and offending - even if an immediate custodial sentence would otherwise be warranted.

Stephen Alambritis, of the Federation of Small Businesses, said: “It cannot be right that a persistent shoplifter gets away with a fine, the same punishment as someone who has outstayed their welcome in a car park.”

Chris Huhne, for the Liberal Democrats, said the guidelines should not be used only to cut prisoner numbers. “The timing is suspiciously convenient.”

http://tinyurl.com/2lculy

Posted by Drew458     on 03/11/2008 at 07:42 AM   
Filed Under: • Miscellaneous •  
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