Whatever punishment you choose, the tabloids are likely to make fun of you. And bloggers and anonymous commenters will say mean, mean things about you.
Would you replace the Community Payback with :-
- A fine
- A curfew, with electronic tag
- A short prison sentence
- Or just ask the Probation Service to find her a job that can be done in four-inch heels
And yes, I just noticed that I've used the words "high heels", "boots" and "punishment" in close proximity. Apologies to all those guided here by Google in the expectation of something a sight more kinky.
4 comments:
Make the current sentence more onerous. Can't pick and choose own punishment. Unpaid work (I understand from learned legal advisor) is designed to be punitive.
I agree, Sarah. She's guilty of crimes that need to be punished (criminal damage x 2 and failure to provide a sample). Now she's refusing to comply with an order from the court.
I didn't publish what I thought the right answer was, mostly because as a rookie JP I don't think my opinion deserves to be marked as "the right answer".
But ... since her GP refused to back-up her medical claims, I'd personally be cross if my legal advisor tried to suggest I couldn't now send her into custody for a short period.
I'd say people who won't do their community sentences are on a level people who won't pay their fines, and we sometimes resort to jail in those cases.
It shouldn't be difficult for the probation service to find work that can be done in 4 inch heels.
Then again, it shouldn't be difficult to get a clear letter from her GP. Unfortunately, many GPs are busy, and a number do not speak English as their first language.
I would adjourn sentencing to get a proper medical report, assuming such a course was open to me.
Otherwise, based on "balance of probability", I think I would ask the Probation Service to try harder.
After all, the community punishment order should be available to all eligible offenders, regardless of disability. Would the probation service have refused a blind offender or one restricted to a wheelchair?
Andy, Tnaks for reminding me of this one - she's been back to court http://news.bbc.co.uk/1/hi/england/devon/8097320.stm and submitted a medical report that says that due to her crippling herself by wearing heels over a matter of years, it really would hurt her. THe Mags kindly replaced her 80 hour unpaid work with a reassuring hefty 6 months curfew. She is appealing. You can't please some people.
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