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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 09:41 - 18 Aug 2009 Post subject: Even magistrates don't trust the police... |
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Regarding the plans for the police to issue on the spot fines for careless driving (story click here).
Obviously the chairman of the magistrates association could have said that they had complete confidence in the police and wholly supported this idea as it would free court resources
....but he didn't, instead... | BBC wrote: | John Thornhill, chairman of the Magistrates' Association, said ruling driving careless was subjective. Police would be acting as jury and sentencer if they were allowed to impose the fines...
Mr Thornhill told the BBC Radio 4's Today programme that the idea of on-the-spot fines is "effectively saying that every case of careless driving is the same".
He added: "We have been investigating the use of out of court disposals, on-the-spot-fines for the last 12 months, and the evidence we have suggests that on many occasions, where the matter is serious police go for the easy option of the on-the-spot fine, because it's done and dusted, dealt with there and then.
"What this is doing is turning the police into jury and sentencer.
"And many of the police actually don't want to do this, because they believe it's more important that an independent tribunal which is not fettered by financial considerations or targets makes that decision." ... |
One example given was if sliding on ice the police could fine you + 3 points + criminal conviction for careless driving to meet their crime/money raising targets when in fact you were doing your utmost to be in control.
On the radio it was also said Mr. Thornhill had seen cases of police abusing the system and effectively fabrication cases.
I know magistrates have had some abuse from some quarters on here but this does seem like a case of common sense and being reasonable and honest.
So, if the magistrates don't trust the police then how do they expect the likes of me and you to?
Comments welcome
 ____________________ ...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?  |
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 Skudd Super Spammer

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 Kickstart The Oracle

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 map Mr Calendar

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 Skudd Super Spammer

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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 10:29 - 18 Aug 2009 Post subject: |
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On the spot fines are also illegal under the oldest law we have in this country.
"No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, not will we proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land." Clause 29 of the Magna Carta 1297 ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| Keir |
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 Keir World Chat Champion
Joined: 11 Apr 2006 Karma :   
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 Posted: 10:59 - 18 Aug 2009 Post subject: |
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well i suppose its only fair that the magistrates dont trust the police.... the police dont trust the magistrates either!
but more seriously, i dont think police should be judge and jury but i do think that the courts should use the powers that they have to give out real justice. ____________________ Current : '08 Yamaha FZ1s
Previous: '99 Honda CBR 600FX, 03 ZX636 B1H, 99 Fazer 600 (red), 02 GSX-R 600 K2, 00 SV650s (red), 2008 ZX10R, 97 Bandit 1200N, 04 ZX6RR K1H, 04 GSX-R 1000, 98 Fazer 600 (gold), 05 Madness 110 Pit bike, 04 CR125R, 00 SV650s (black), 06 KTM 625 SMC, 99 SRAD 600 track bike, 03 SV650, 98 Bandit 1200N, Bandit 600SY, 03 GSX-R 600 K3, 01 GSX-R 600, 01 Fazer 600 (black), VFR 400 NC30 x3, 78 Honda Dream, 00 Speedfight 50 |
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| Mister James |
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 Mister James I want to believe!

Joined: 10 Aug 2004 Karma :     
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 Posted: 17:16 - 18 Aug 2009 Post subject: |
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It's an interesting story - for many reasons.
Magistrates are generally extremely out of touch with modern society, as they tend to be wealthy, retired and upper-middle class.
In this case the magistrate simply seems to be protecting his own prestige and fiefdom - rather obviously trying to tap into the current fad in the media for bashing the plod.
One of the reasons he gives for not allowing this new measure is that many drivers will benefit from the new procedure by getting a small fine and 3 points when they might get hammered by the courts - surely that's good for some of you lot?
Writing a Fixed Penalty Notice is barely any less work than reporting someone for court - if it is at all. You still have to take all their details and write a witness statement for the offence - it might seem a little quicker to the offender at the side of the road, but not by much, and that doesn't include the 20-30 mins it will take the officer to write it up back at the nick - just as with a process book.
You can still elect to take an FPN to court - which is no different to being reported to the court by the police, so the offender has not lost any options - they've actually gained them.
I can't see most police issuing (m)any as it's such a subjective offence that is open to challenge. As the Mag points out, Insurance and Mobile Phone offences are simple, absolute offences - unlike shit driving. Officers won't want the aggro of old duffers like this arrogant fuckwit slagging off their judgement if it ends up in front of the bench.
Personally I just think it's another Home Office attempt to improve detection rates by making a new system that they hope officers will use. I suspect that many units will be leaned on heavily to hit targets for issuing these pointless new tickets.
One assumes that if officers see driving that they feel already meets a shitty standard, they would already feel able to report the driver for the offence - and having made the effort to do so would want him to get more than a piddling fine anyway! |
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 Mister James I want to believe!

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| stinkwheel |
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 stinkwheel Bovine Proctologist

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| bazza |
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 bazza World Chat Champion
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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 Posted: 23:17 - 18 Aug 2009 Post subject: |
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 Mister James I want to believe!

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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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 Posted: 09:36 - 19 Aug 2009 Post subject: |
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Hi
More that you say that magistrates are upper class, when they are mainly just middle class professionals mainly (2 I have known, one is a retired civil servant on childrens homes, the other was my science teacher in the first few years of secondary school, neither any closer to being upper class than you or I).
Added to which that you appear to be showing complete contempt for the magistrates and then also suggesting you would be worried about their comments leading to some kind of agro.
All the best
Keith ____________________ Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing |
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 Bofh5 World Chat Champion

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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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 Posted: 10:45 - 19 Aug 2009 Post subject: |
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Hi
Don't think the fines revenue is really that useful in bailing the country out.
Put it this way, with around 2 million speeding tickets a year (was higher, now dropping as the scamera partnerships no longer directly profit from more tickets), at £60 a time that is only £120m before taking into account processing costs. About 1 days worth of road taxation. Or a quarter of the cost of running the DVLA.
All the best
Keith ____________________ Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing |
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| Mister James |
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 Mister James I want to believe!

Joined: 10 Aug 2004 Karma :     
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 Posted: 15:34 - 19 Aug 2009 Post subject: |
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| Kickstart wrote: | Hi
More that you say that magistrates are upper class, when they are mainly just middle class professionals mainly (2 I have known, one is a retired civil servant on childrens homes, the other was my science teacher in the first few years of secondary school, neither any closer to being upper class than you or I).
Added to which that you appear to be showing complete contempt for the magistrates and then also suggesting you would be worried about their comments leading to some kind of agro.
All the best
Keith |
Bonjour,
I've had some sleep now, so my eyes actually focus on the screen.
I said that magistrates were mostly upper middle class, not upper class - and I stand by that perception. I'm sure your friends are lovely people, and do not fall under my sweeping generalisation.
I expressed particular contempt for Thornhill because I didn't like his comments or his perceived intention. I referred to 'aggro' BEING comments like his, not being led to by such. I don't think anyone would find it hugely amusing to issue a ticket and then go to court and be labelled an untrustworthy fictional thuggish sci fi character.
I worked in a few magistrates courts in London for over 2 years. I think it's probably fair to say that I have seen hundreds of JPs in action during that time - a reasonably sized sample compared with most.
I still don't understand what I was fishing for - I was expressing my opinions, not trying to get people to bite. Looks I did with you though, which is unusual. |
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 Mister James I want to believe!

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| supZ |
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 supZ World Chat Champion

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Old Thread Alert!
The last post was made 17 years, 38 days ago. Instead of replying here, would creating a new thread be more useful? |
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