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Even magistrates don't trust the police...

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Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 09:41 - 18 Aug 2009    Post subject: Even magistrates don't trust the police... Reply with quote

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

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Skudd
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PostPosted: 10:11 - 18 Aug 2009    Post subject: Re: Even magistrates don't trust the police... Reply with quote

map wrote:

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...[

Thumbs Up Very Happy


He thought that there may be less work to do and so less magistrates needed. Can see right through that one.
However I do disagree with the police having the powers of judge, jury and tax collector.
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Kickstart
The Oracle



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PostPosted: 10:14 - 18 Aug 2009    Post subject: Re: Even magistrates don't trust the police... Reply with quote

Skudd wrote:
He thought that there may be less work to do and so less magistrates needed. Can see right through that one.


Magistrates don't get paid so hardly fighting to keep their income.

All the best

Keith
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Mr Calendar



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PostPosted: 10:16 - 18 Aug 2009    Post subject: Re: Even magistrates don't trust the police... Reply with quote

Skudd wrote:
...He thought that there may be less work to do and so less magistrates needed. Can see right through that one.
However I do disagree with the police having the powers of judge, jury and tax collector.

Given that the magistrates and courts are always complaining that they're overworked with a backlog of cases I would have thought they'd accept a reduction in workload.

Also given magistrates aren't actually paid (although they are allowed 'expenses' Rolling Eyes) it's not exactly a must have job.
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Skudd
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PostPosted: 10:21 - 18 Aug 2009    Post subject: Reply with quote

It is not the pay that draws them to the post it is the power.
How do you make yourself appear hard working and indispensable? Complain about how much work you have and create a back log, oldest game in the book.
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stinkwheel
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PostPosted: 10:29 - 18 Aug 2009    Post subject: Reply with quote

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
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Keir
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PostPosted: 10:59 - 18 Aug 2009    Post subject: Reply with quote

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.
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Mister James
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PostPosted: 17:16 - 18 Aug 2009    Post subject: Reply with quote

It's an interesting story - for many reasons.

Arrow Magistrates are generally extremely out of touch with modern society, as they tend to be wealthy, retired and upper-middle class.

Arrow 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.

Arrow 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? Wink

Arrow 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.

Arrow 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.

Arrow 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
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PostPosted: 17:22 - 18 Aug 2009    Post subject: Reply with quote

stinkwheel wrote:
On the spot fines are also illegal under the oldest law we have in this country.


As you don't pay anything at the scene, it's hardly an on-the-spot fine, is it?

I personally don't think that quoting the magna carta carries much weight - and it certainly doesn't apply in this, as in any event the option to have a trial remains.

Whether it's just or appropriate for people to effectively buy their way into a lesser punishment for the ease of the system is another argument entirely - and one I have much sympathy for.
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stinkwheel
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PostPosted: 18:25 - 18 Aug 2009    Post subject: Reply with quote

Mister James wrote:


I personally don't think that quoting the magna carta carries much weight - and it certainly doesn't apply in this, as in any event the option to have a trial remains.


I clearly misunderstood. I thought this was a ticket issued by a police officer in place of taking you to court. In other words "You were driving dangerously and have to pay a fine because I say so."

Providing the option of having the case heard in court is still present if you disagree with the officers asessment of the situation, I have no objection.
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bazza
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PostPosted: 18:49 - 18 Aug 2009    Post subject: Reply with quote

Mister James wrote:
Arrow In this case the magistrate simply seems to be protecting his own prestige and fiefdom


Which is, if I understand these things, to dispense justice. As distinct from the police whose fiefdom is to enforce the law (when not whaling the tar out of gobby protesters, posing for "Britain's Toughest Police Interceptor Car Chase Arrest Squad" or avoiding confrontation with roaming gangs of hooded feral yoofs, of course.).

Now kids - doesn't all this does smack of NeuArbeit's traditional "being seen to do something about $WHATEVER" by targeting the softest option of all - the general public?

Why bother with tax collectors when you can have the police do it for you - let's face it, you're less likely to ignore a tazer up the jacksy than a Final Demand...

That gift of billions to the bankers isn't going to pay for itself, you know.
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Kickstart
The Oracle



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PostPosted: 23:17 - 18 Aug 2009    Post subject: Reply with quote

Hi

Poor fishing attempt Mister James. C-. Must try harder.

All the best

Keith
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Mister James
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PostPosted: 06:53 - 19 Aug 2009    Post subject: Reply with quote

Kickstart wrote:
Hi

Poor fishing attempt Mister James. C-. Must try harder.

All the best

Keith


Keith - that looks like a sarcastic jab at me, I'm shocked!

Seriously though - I don't geddit, fishing for what?

I pointed out the actual FPN procedure (not the alarmist reported version), and added my own personal feelings about the detection culture and magistrates.

Or were you referring to the the third arrow and suggesting I might be trying to smoke out any dodgy riders? Wink

If I'm being thick, my apologies - I've just gotten in from a 10 hour Night shift.
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Kickstart
The Oracle



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PostPosted: 09:36 - 19 Aug 2009    Post subject: Reply with quote

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
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Bofh5
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PostPosted: 10:34 - 19 Aug 2009    Post subject: Reply with quote

was thinking about this amongst other things and with the current huge amount of debt the country is in.
How long before the points system is altered to allow for more fines to be issued and more revenue to be raised?
The current system of 12 points and bye bye license is cash limiting so will they decide that lesser offences become fine only punishments allowing drivers (cash cows) to be milked for longer?
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Kickstart
The Oracle



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PostPosted: 10:45 - 19 Aug 2009    Post subject: Reply with quote

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
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Mister James
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PostPosted: 15:34 - 19 Aug 2009    Post subject: Reply with quote

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
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PostPosted: 15:39 - 19 Aug 2009    Post subject: Reply with quote

Kickstart wrote:
Hi

Don't think the fines revenue is really that useful in bailing the country out.


Agreed - I suspect in this case the actual 'profit' would be lower as the ticket's aren't just churned out by a computer - you have to factor in a lot more admin time.

Plus it's highly unlikely that anywhere near as many are going to be issued.
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supZ
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PostPosted: 16:05 - 19 Aug 2009    Post subject: Re: Even magistrates don't trust the police... Reply with quote

BBC wrote:
Police would be acting as jury and sentencer


i didnt break the law.. I AM THE LAW!!
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