tag:blogger.com,1999:blog-346319692024-03-07T18:13:25.481+00:00Radio Free StanThe crumbling difference between wrong and right.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.comBlogger559125tag:blogger.com,1999:blog-34631969.post-67788649174286347562013-04-16T12:48:00.000+01:002013-04-16T12:48:25.009+01:00Like a D-D-D-DudeThe American evangelist Frederick Buechner once wrote : <br />
<blockquote class="tr_bq">
"Here is the world. Beautiful and terrible things will happen. Don't be afraid." </blockquote>
On the long list of terrible things there's a former prime minister who still inspires hatred
in even some of the best of us after death and there's whatever it is
that drove somebody to blow up an 8-year old in Boston.<br />
<br />
But then there's Lem Knights on the UK version of "The Voice" - link to YouTube <a href="http://www.youtube.com/watch?v=WytPY0tzNtw">here</a>.<br />
<br />
The guy's 18 and the biggest Jessie J fan in world (for reasons that beat the heck out of me) so you can imagine what it meant to him when she hit the button and selected him for her team.<br />
<br />
And then <a href="http://www.youtube.com/watch?v=wVu00y2AAcU">this </a>- she offers to sing a duet with him and they blow the walls down with what I honestly didn't think was that great a song.<br />
<br />
There's a lot of false emotion on shows like this - you imagine them practicing OMGs and bursting into tears in front of a mirror - but there's no way you can fake the level of total overload you see in him after he's finished the duet. His brain has melted and he no longer has any coherent thought process and really he doesn't even know what to do with his hands.<br />
<br />
So there's also a young lad with a great big Bobby Womack voice who's going to sing with his hero and get better and better. <br />
<br />
Sometimes we forget that beautiful things happen in the world.<br />
<br />
They do, they really do - it's just hard sometimes to pick them out above the general background noise of people being horrible to each other.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-48470385229385436782012-11-12T18:30:00.001+00:002012-11-12T18:30:26.441+00:00Not Just A River In EgyptShe's a little old lady with grey hair in a bun. Think Miss Marples.<br />
<br />
Very much the stereotype of an elderly spinster - pillar of the local community, lynchpin of her church and with decades of faithful service to the poor and needy.<br />
<br />
The thing is, she's in my court and she's lying to me.<br />
<br />
She took an oath on the Bible, which is a big deal for a devout Christian, but there is no mistaking the fact that she is lying. She's really not very good at it and her account would require the suspension of a couple of physical laws even if it were logically consistent (which it isn't).<br />
<br />
So what's going on her mind ? Has she found a way to convince herself that the lies she's telling aren't really lies? Or has she just stopped caring ?<br />
<br />
Her problem, it seems to me, is that in short order her mother died, she was forced to retire from her job and her husband went off with another woman. Into that void came alcohol and now she's just like every alcoholic - deep in denial.<br />
<br />
Denial means that alcoholics lie. They lie to themselves and to others about the extent of their problem. Telling the truth in court ("I was staggering around drunk and then drove home after necking a bottle of vodka") would have meant admitting to themselves and to their community that they have an alcohol problem. So she would prefer to lie ("My heels were too high and I drank the vodka after I came home from the driving").<br />
<br />
I knew that alcoholics lied, but this was a powerful demonstration of the sheer power of alcohol over even the strongest among us. <br />
<br />
As they say in the First of the Twelve Steps of Alcoholics Anonymous :-<br />
<br />
<blockquote class="tr_bq">
"We admitted we were powerless over alcohol—that our lives had become unmanageable."</blockquote>
I had never fully appreciated the full impact of that phrase "powerless over alcohol" before this trial.<br />
<br />
It has been a several months since this woman came into my court and it has been a rare week that I haven't wondered whether her conviction was the "bottom" she needed to hit in order to get better, or whether it hastened her decline. <br />
<br />Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-45050028335543869742012-10-07T10:26:00.000+01:002012-10-07T10:32:02.099+01:00Radiohead@Manchester MEN ArenaPeople who know no better think they know all about Radiohead fans. They're a bit too serious, male, geeky and over forty, right ? A lot like Stan in fact.<br />
<br />
I actually found reassuringly few like me at the MEN arena last night - lots of singing and insanely bad dancing among the mostly student-y audience. Although, I did spot one balding guy with a beard and a battered now-undersized "The Bends" t-shirt who could have made a living as a body double for The Comic Book guy in The Simpsons.<br />
<br />
While I was out, Stanetta asked Mrs Stan when the heyday of Radiohead was. With most bands you could sensibly answer this question with a date and sometimes even a time. With Radiohead, even though their biggest selling album was released in 1997, you can't actually say that the last 15 years has been any kind of decline. <br />
<br />
Because here they are - on a world tour, playing new material to packed out mega venues full of people who were probably being breast-fed in 1997.<br />
<br />
It was a good mix of material - the best pieces from the most recent album, a couple of classic goosebumps numbers and even "Planet Telex" from 1995 to keep The Comic Book Guy happy.<br />
<br />
The show was professional, as warm and intimate as you get in a venue the size of the MEN arena (largest indoor arena in the European Union), and moved along at a fair lick. The technology on display was stunning and incorporated a couple of dozen large screens that gave you a variety of quirky close-ups of the band that were performing in the far distance.<br />
<br />
One or two too many random B-sides though - I sneaked off for a toilet break during "These Are My Twisted Words" and found almost as many people outside the hall as inside it. If you don't think it's good enough to make it onto an album, why bother with it in concert ?<br />
<br />
That minor issue aside, I had a great time and if you've got tickets for the shows at the O2 next week you'll have a blast. The set list from the Manchester gig is <a href="http://www.setlist.fm/setlist/radiohead/2012/manchester-arena-manchester-england-bdd3992.html">here </a>- I don't imagine they'll stray too far from that. Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-37059175522098061372012-09-20T20:24:00.000+01:002012-09-20T20:25:06.597+01:00AppealingIf you don't like the verdict you get in a Magistrates Court, you have the right to appeal to the Crown Court. There you will be able to put your case to a "proper" judge who sits with a couple of Magistrates from benches different to the one that so disappointed you last time.<br />
<br />
<a href="http://www.justice.gov.uk/downloads/statistics/courts-and-sentencing/judicial-court-stats.pdf">The most recent figures I could find</a> show that in 2010 there were 13,800 appeals against Magistrates’ decisions. This is really quite a small proportion, being less than half an appeal per magistrate per year. Some of these were appeals against the verdict and some about the severity of the sentence, but either way, appeals stand less than a 50:50 chance of succeeding. <br />
<br />
You could say that the low proportion of appeals to Magistrates' decisions is down to the crippling legal costs and the average 9 week wait, but I like to think it's because Magistrates are generally pretty good at their jobs.<br />
<br />
They don't generally invite new Magistrates to take part in these appeals so it was only recently I got to sit on my first one.<br />
<br />
The feeling in court is quite different from that in a Magistrates Court. The judge doesn't have to go back and forth with the legal adviser, so he (yes, more than usually "he") can move things on, interrupt and change the order in which evidence is presented. There's more of a "flow" and business gets dealt with very efficiently indeed.<br />
<br />
The judge I sat with was far from the stereotype - keenly intelligent, funny and eager to hear the views of the two Magistrates. <br />
<br />
As to the nature of the workload, the whole day was taken up with appeals against confiscations of money under the Proceeds of Crime Act 2002, which brings you into a world which (if true) has many strange features :-<br />
<br />
* You can be on Income Support and buy a £20,000 car for cash and still have £10,000 in cash on you later that day (without being involved in crime)<br />
<br />
* Some people (again on Income Support) will carry £5,000 in cash with them on a night out. They may give the money to a friend to hold if the pockets on their trousers are too small. It is possible to have four friends in this situation, which is a perfectly acceptable reason for one person in a group to have £20,000 in cash in their jacket pockets when stopped by police.<br />
<br />
* Some men have girlfriends who give them bundles of used ten and twenty pounds notes as tokens of affection.<br />
<br />
* You need £5,000 in cash to buy a suit for a wedding. When asked, it is perfectly acceptable not to be able to remember what day the wedding is or who is getting married. The best way to buy these £5,000 wedding suits is by driving around at 3a.m in a council estate with a well known drug problem. <br />
<br />
* Some people sell their flats for cash and still haven't got round to putting the money in the bank a month later.<br />
<br />
All in all it was kind of a shock when business was done to get into my 10 year old car and drive home, wondering if I had enough cash in my pocket to pay for petrol on the way back.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-20087400785251422942012-09-14T10:29:00.001+01:002012-09-14T10:29:34.358+01:00The Internet - Not Pure Evil At AllThere's no shortage of stories (mostly in the Daily Mail) about how the Internet is the Devil's Superhighway full of porn and general depravity.<br />
<br />
The <a href="http://www.metro.co.uk/lifestyle/909352-music-to-heal-a-world-of-trauma-with-the-national-youth-orchestra-of-iraq">National Youth Orchestra of Iraq</a> mostly taught themselves to play their instruments by watching YouTube. They got a lot of their music online and auditioned online. I got to hear about them online and you can hear them play online. If there's any hope for that troubled country it's with the kids and the magical mechanism that got them together to play a symphony is probably the same magical mechanism that will help them organise to rebuild their shattered country and its culture.<br />
<br />
Meanwhile the boot lock on my 10 year old Seat Toledo didn't lock. I found a posting online that described how it was probably water gunking up the solenoid and all you need is to remove the plastic cover and squirt WD-40 everywhere. I found another posting that described (with pictures) how to remove the plastic cover and I managed to fix a problem in ten minutes with a screwdiver and zero technical skill that had me seriously considering scrapping the car.<br />
<br />
I love the way that the Law of Unintended Consequences continues to apply to the Internet. I love the way that people with skills give their time free of charge to post content for the rest of us to enjoy.<br />
<br />
The Internet is a tool - very much like a hammer. You can use it to build a house or you can use it to smash someone's head in. Just because there are evil people in the world, it doesn't mean you should remove anything they might possibly misuse. <br />
Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-30241564029260352972012-09-07T10:24:00.002+01:002012-09-07T10:24:50.589+01:00Em Eh ?In the early days of this blog I was quite aggressive about the Magistrates Association. But as time went on, I mellowed somewhat. Their previously shambolic appearances in the media became merely ineffectual and I moved onto other things to be cross about.<br />
<br />
Last week, after four years on the bench, I actually met my local Magistrates Association representative and my dander is well and truly in the upright position once more.<br />
<br />
He was stirring up opposition to a totally logical merger of two under-utilised benches. I found it hard to understand his argument, but it seemed to boil down to "Scary change ! If we let them change this, what else will they change next, eh ?"<br />
<br />
The vast majority of my scheduled sittings this year have been cancelled due to lack of work. This isn't happening as much on larger benches where workload can be spread around, so it seems well worth trying to me. But he (and presumably the MA also) are opposing it on the grounds that inertia has to be the best policy.<br />
<br />
He was rather disappointed not to receive my support and asked if I was going to the Association's AGM. I had to further disappoint him by saying that I wasn't a member. He didn't ask me why, which was a shame as it would have been a great opportunity to ask why the Magistrates Association have been quiet, maybe even complicit, in management's attempt to impose arbitrary and unnecessary restrictions on Magistrates' online activities.<br />
<br />
Actually, where are the Magistrates' Association on that subject ? I'm not a member so I don't expect a personal briefing but I can't find any comment from them online. Last I heard they were working hard to get us all nice badges.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com3tag:blogger.com,1999:blog-34631969.post-50250137293061726942012-08-14T12:24:00.002+01:002012-08-14T15:06:12.734+01:00Radio Free Stan's Dog<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj0Vc2I_qkf_cRZtX3nFcfYDbKLRH4y_XEG7Hf4YhLZ6pdRldH23mafVpK1nEomJPn0Yx5AsjeVPCzBIaEmqajuyJzNKs4sGZALkibGZGQL6qe4uDQ_gNjaKMgh-yOVwepYi-1k6g/s1600/IMAG0035.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj0Vc2I_qkf_cRZtX3nFcfYDbKLRH4y_XEG7Hf4YhLZ6pdRldH23mafVpK1nEomJPn0Yx5AsjeVPCzBIaEmqajuyJzNKs4sGZALkibGZGQL6qe4uDQ_gNjaKMgh-yOVwepYi-1k6g/s320/IMAG0035.jpg" width="213" /></a></div>
I'm Stan's dog and unlike Stan I have lots of opinions.<br />
<br />
* Jessie J really can't sing <br />
* Bolton Wanderers still lack a proven goalscorer and look woeful at the back<br />
* The new series of "Vexed" is better than the critics suggest<br />
<br />
Airing these opinions does not make me a bad dog and I don't believe it would make me a bad Magistrate either (assuming they ever allow dogs on the <strike>couch</strike> bench)<br />
<br />
If I could steal (bad dog ! bad !) a phrase from "The West Wing" <br />
<blockquote class="tr_bq">
"Do (people) want to be governed by people who are animated, or animatronic?"</blockquote>
The big idea behind the Magistracy is that it is a representative sample of a community which metes out justice to those who have offended against that community.<br />
<br />
It's the "representative" part of the deal that the current guidance on Magistrate blogging is in conflict with. From now on, to be a Magistrate means that you either need to keep quiet about being a Magistrate (as per the Masons) or to have no opinions (like Stan) or to be so unworldly that you don't do social media at all. Doesn't sound terribly representative of my community.<br />
<br />
But hey, I'm a dog - what do I know ?<br />
<br />
Woof. Stans Doghttp://www.blogger.com/profile/05770699596472357685noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-83147413021360784472012-08-09T13:48:00.000+01:002012-08-09T14:05:59.641+01:00Some of Stan's Friends could be MagistratesThere's a persistent rumour that Magistrates are to be banned from saying that they are Magistrates while blogging, tweeting or commenting on videos of cute kittens on Facebook.<br />
<br />
Furthermore, the rumour is that they will be instructed to remove any past material that doesn't comply with the new diktat on blogs that they "maintain".<br />
<br />
Rather than writing it every time, could you please note that Stan does not necessarily have any opinions at all and anything you might have read on this blog to suggest otherwise could have been dictated to him by any number of people, cartoon animals and voices in his head, some of whom may have been serving magistrates.<br />
<br />
As to who "maintains" this blog - who says that person is a Magistrate ?<br />
<br />
One of the Stan contributors (who may or may not be a Magistrate) tells me that he finds the new guidance to be a heavy-handed infringement of a fairly basic human right and puzzling in the light of the focus put on "transparency" in the current <a href="http://www.justice.gov.uk/news/features/creating-a-swift-and-sure-criminal-justice-system">White Paper</a>.<br />
<br />
The contributor (also called "Stan" - very confusing) states that he can't think of anything more guaranteed to reduce transparency than legislating against the likes of <a href="http://magistratesblog.blogspot.co.uk/">Bystander's excellent blog</a> - he believes that the guy deserves a medal for services of judicial transparency rather than being threatened with the vague and menacing prospect of "disciplinary action".<br />
<br />
The text of the alleged guidance is reproduced below (also available on Bystander's blog - enjoy it while you can)<br />
<br />
I still hold out hope that it's a prank - I've asked my bench chairman to verify whether it's authentic - until then I'm not going anywhere.<br />
<br />
***********************************************<br />
<br />
Introduction<br />
This guidance is issued on behalf of the Senior Presiding Judge and the Senior President of Tribunals. It applies to all courts and tribunal judicial office holders in England and Wales, and is effective immediately.<br />
<br />
Definitions<br />
A “blog” (derived from the term “web log”) is a personal journal published on the internet. “Blogging” describes the maintaining of, or adding content to, a blog. Blogs tend to be interactive, allowing visitors to leave comments. They may also contain links to other blogs and websites. For the purpose of this guidance blogging includes publishing material on micro-blogging sites such as Twitter.<br />
<br />
Guidance<br />
Judicial office holders should be acutely aware of the need to conduct themselves, both in and out of court, in such a way as to maintain public confidence in the impartiality of the judiciary.<br />
<br />
Blogging by members of the judiciary is not prohibited. However, officer holders who blog (or who post comments on other people’s blogs) must not identify themselves as members of the judiciary. They must also avoid expressing opinions which, were it to become known that they hold judicial office, could damage public confidence in their own impartiality or in the judiciary in general.<br />
<br />
The above guidance also applies to blogs which purport to be anonymous. This is because it is impossible for somebody who blogs anonymously to guarantee that his or her identity cannot be discovered.<br />
<br />
Judicial office holders who maintain blogs must adhere to this guidance and should remove any existing content which conflicts with it forthwith. Failure to do so could ultimately result in disciplinary action. It is also recommended that all judicial office holders familiarise themselves with the new IT and Information Security Guidance which will be available shortly.<br />
<br />
<br />
<br />Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com1tag:blogger.com,1999:blog-34631969.post-23878946485604425132012-05-31T22:05:00.001+01:002012-05-31T22:05:20.513+01:00Suspended SuspendedI've described <a href="http://radiofreestan.blogspot.co.uk/2011/09/suspended.html">before</a> that it took a while to wrap my head around the idea of a suspended prison sentence - I really did not understand why someone who deserves prison shouldn't go to prison.<br />
I learned though that it's in Society's best interest sometimes that people are punished in the community while they get cured of addiction or take care of their dependents.<br />
<br />
So what happens when someone on a suspended sentence messes up again - straight forward, no ? They go to prison, right ?<br />
<br />
Well actually, it's not totally inevitable. They may be doing well on the substance treatment program and their families may still not be able to survive without them. There is the option to simply add on some extra punishment and give them a last-last chance to sort themselves out.<br />
<br />
I'm definitely not convinced about this one. I'm all for giving people a chance but when you've given someone a last chance and they don't take advantage of it then I think that prison is all you've got left. Otherwise what are the chances of anyone taking a suspended sentence seriously?<br />
<br />
I had a chance to test this opinion recently - young man with a baby with his partner who also acts as father to her toddler. Was lucky to get a suspended sentence last time for multiple burglaries, now in front of us for trying the doors of parked cars at 3 a.m miles from his house.<br />
<br />
Defence solicitor told us in some detail that his partner had a broken leg and she couldn't look after the children properly without him. The children may have to go into the care system for the duration of the father's sentence.<br />
<br />
Sounds pretty grim, but its the defence's job to make it easy for us to keep their clients out of prison and they often lay it on thick. In reality a broken leg wouldn't stop me looking after my children and there are such things as grandparents and aunts and uncles.<br />
<br />
So we sent him away - the family and friends didn't believe it at first and then were extremely cross. One of them even gave us a Nazi salute which I suppose we should have done something about.<br />
<br />
This brought us to lunchtime - I walked the chairman out to his car in case they were waiting for us out the back and then went for to the sandwich shop.<br />
<br />
I returned to find my fellow winger in tears "What have we done to those children !"<br />
<br />
First time I've had to comfort a magistrate, but I managed it. Basically I pointed out that we've done nothing to these children - what kind of a father was he at 3 a.m in the town-centre knowing that he was risking jail? Our job is to enforce the law and the children will, one way or another, be taken care of.<br />
<br />
That night I slept fine, by the way. It's not pleasant but someone has to make these hard decisions or else thieves will continue to thieve. And if that means some kids have to lose their criminal daddy for a few months then I'm afraid that's the way it has to be. <br />
<br />Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com2tag:blogger.com,1999:blog-34631969.post-9868697491518231392012-04-06T12:18:00.000+01:002012-04-06T12:41:30.340+01:00AsleepThis week a Magistrate was <a href="http://www.telegraph.co.uk/news/uknews/law-and-order/9188185/Drink-driving-case-abandoned-after-magistrate-fell-asleep.html">alleged</a> to have fallen asleep during a trial. Worse, it seems he was caught bang-to-rights by the defence solicitor. Poor guy - suddenly his years of service count for nought and this is what he'll likely be remembered for.<br />
<br />
Leaving aside the innocent-until-proven-guilty assumption that seems to have been suspended here, it's a tragedy that a momentary lack of concentration should end up with a good man being pilloried across the Mail, the Telegraph and all his local papers.<br />
<br />
I've never come close to falling asleep in court. Sure, my mind has wandered a little. We're only human : we have no special abilities or training which allows us to keep a Zen-like focus for hours on end in an airless courthouse, no matter how enthralling the solicitors might be. And boy, some of those solicitor are far from enthralling.<br />
<br />
You hear quite often in reports of football games that a player or a team "lost concentration" during a game. For example Jose Mourinho recently said that "(Real Madrid) ... lost a bit of concentration in the second-half ". If one of the best teams in the world can drift off collectively in the heat of battle then it's something that can happen to anyone.<br />
<br />
So to summarise : we Magistrates take on a difficult job
for no money or thanks and if we mess up even slightly then we can
expect public ridicule. Put like that, you wonder why anyone would want
to become a Magistrate. Or a football referee. <br />
<br />
My top tip : when my focus drifts, I start taking detailed notes. It's impossible as far as I know to fall asleep while writing. Not sure what football referees do,Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-27079385486454349842012-03-18T21:27:00.001+00:002012-03-18T21:27:04.801+00:00Fabrice MuambaIn case you went to Neptune for the weekend and missed this story, Bolton Wanderers' midfielder Fabrice Muamba is currently unconscious in hospital after a sudden cardiac arrest on the pitch during a cup game against Spurs. <br /><br />
You don't have to be a Bolton Wanderers fan to feel for him, but my goodness it helps. <br />
<br />
Only Bolton fans have seen how much he has developed since he arrived three seasons ago and will have speculated how good he'll be in another three seasons. Only Bolton fans will have regularly seen just how much work he puts even into games that everyone else seems to have abandoned.<br />
<br />
Only Bolton fans will be aware of just how fit the guy was. In better teams, the defensive midfielders are often spectators - Yaya Toure at Manchester City could get his iphone out and check his email during some of their one-sided games, so little are his skills needed. It's a different matter when you're in a relegation dogfight and your job is to stop the likes of David Silva from doing what he does well. For a full 90 minutes. Running over 7 miles in the process. In other words, Fabrice was properly fit.<br />
<br />
Much has written about his role as a defensive rock, but my favourite Fabrice moments are when he goes on the attack.<br />
<br />
You see, the opposing players recognise him as a big defensive midfield "enforcer" and he runs like a big man in a hurry - so they don't expect him to rush forward. When he takes advantage of the element of surprise and barrels past them, I love to see the look of panic on their faces and maybe the thought going through their heads : "Oh. Er. Is he actually allowed to do that ??" There have been quite a few poor Bolton performance rendered watchable by Fabrice-moments such as these.<br />
<br />
But you don't need to be a Bolton fan to be stunned close to tears by what has happened to him. Just think that he's 23 - talented, literate, funny and professional in a sense that isn't common in "professional" footballers. Think that he's a new father with an enormous amount to give to the world and his young family.<br />
<br />
I'm not a believer in jinxes, but I couldn't bear to write any of this piece in the past tense. Here's hoping that I'll have a lot more to write about him in the present and future tenses real soon.<br />
<br />
Meanwhile, I hope that he and the people close to him realise just how many people who have been touched by his work are now cheering him on.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-62354826155003712382012-03-16T17:03:00.001+00:002012-03-16T18:35:38.457+00:00New Year's Resolution UpdateGym : decided against it after really not enjoying their free taster session. Maybe I'm getting old, but the music's too loud, there's not enough air and it smells bad. Decided instead that I would get my exercise walking everywhere - which has been a massive success. On a good day I'll walk the four miles from Waterloo to Marylebone with my two laptops in my rucksack and then walk back at night. On a very good day I'll do that and also walk the three miles up Primrose Hill and back in my lunchhour. Costs me nothing and calms me down. Result.<br />
<br />
French : coming to the end of the set of classes I started in January and I've enjoyed clearing the tumbleweed from my mind and I am now nearly as fluent in the language as I was at school, which isn't saying a great deal. In fact, in some ways I'm better off because for one thing I actually understand the difference between the imperfect and perfect past tenses now. The teacher is excellent, the teaching materials are perfect and the fellow students are an entertaining bunch that includes a legendary journalist, a South American diplomat, a satellite TV sports presenter and such a varied range of others that you would accuse me of having made them up if I told you.<br />
<br />
In other news, I've been snapping up the cheapest possible tickets for whatever's on at the theatres in London. Highlight of this would be the £10 I spent on a side-on bench in the Gods at the Old Vic to see "Noises Off". Even with a restricted view (and the kind of stress-position popular with interrogators) it had me literally doubled up with laughter (and I'm a stickler for using "literally" correctly). I'm not usually a fan of farce or any kind of physical comedy, but this play just hit me right on the funny bone. Worth splashing out on a full-price ticket when it transfers to the West End.<br />
<br />
Life is good - enjoying my time in court, learning to love London, and Mrs Stan and Stanetta are doing well. The only thing that would improve my quality of life would be for BBC4 to screen some more of those uncannily brilliant Danish drama series - I'm utterly hooked. <span class="short_text" id="result_box" lang="da"><span class="hps">Længe leve</span> <span class="hps">Birgitte</span> <span class="hps">Nyborg</span><span class="">! </span></span><span class="short_text" id="result_box" lang="da"><span class="hps">Længe leve</span> <span class="hps"></span><span class="">Sarah Lund!</span></span><span class="st"></span>Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-37013975922026081302012-02-06T22:14:00.000+00:002012-02-06T22:15:11.068+00:00Your Word Against MineIn an ideal world, there are no crimes.<br />
<br />
In a slightly less ideal world, every crime would be witnessed by at least one sober, independent witness with perfect eyesight and a photographic memory. <br />
<br />
In our don't-get-me-started-just-how-not ideal world, we often only have the victim's word to go on.<br />
<br />
This makes it difficult to establish the truth beyond reasonable doubt.<br />
<br />
It's a particular problem with Domestic Violence cases where almost by definition the offence is committed out of the public glare.<br />
<br />
In the bad old days there would be no chance of a conviction - "it's just your word against his" - which is why historically so many abuse, domestic violence and rape cases never even made it to court.<br />
<br />
Nowadays things do seem to have improved. More such cases are coming to court and convictions are possible without in any way diluting the absolute commitment to "proof beyond reasonable doubt".<br />
<br />
This can only happen though when the accused's story is so full of holes and so internally inconsistent that there's no way that anything they say can be believed.<br />
<br />
It also helps the prosecutor make the case when the accused is arrogant and hostile. It's hard to be an angry smart-alec while keeping your pack of lies consistent under expert questioning. In one recent case, the prosecutor said that if you were to believe his story, the accused must have "the reflexes of Spiderman". The accused nodded and said yeah - twelve years in the army - reflexes of Spiderman. Hmmm.<br />
<br />
Today was a strange day - I gave Spiderman a community penalty.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-57600950038960163992012-01-08T00:16:00.002+00:002012-01-08T00:31:34.962+00:00HookySchools live and die these days on league tables and Ofsted rankings. It's widely reported that many boost their exam results by teaching to the test and concentrating effort on kids with borderline grades. I suspect though that the increase in cases I'm seeing in Magistrate court involving truancy may be an attempt by schools and local authorities to boost the attendance scores.<br />
<br />
We had four cases this particular afternoon - as opposed to one every few months previously.<br />
<br />
(a) single mum with difficult child - she has tried everything and produced a file of her increasingly desperate attempts to get support from the school and the local authority. Their response was to send her a fixed penalty notice and then to hire an expensive barrister to hassle her in our court.<br />
<br />
(b) family who took a particularly troubled kid on holiday during the last week of term - nothing timetabled for the last week of term and permission had been granted for all the other kids in the family. So it was a bit naughty when they went anyway, but the local authorities response seems like overkill. Their response was to send them a fixed penalty notice and then to hire an expensive barrister to hassle them in our court.<br />
<br />
(c) foster family who have taken on a number of highly difficult kids - I personally would have recommended them for the New Years Honours list for the miracles they've worked with their other kids. But even their skills and energy weren't enough to ensure attendance of one particularly troubled child. Guess what ? The local authority gave them the support they needed and then were sympathic and patient ? Nope - their response was to send a fixed penalty notice and then to hire an expensive barrister to hassle them in our court.<br />
<br />
Makes me cross - the expense of these actions are monstrous and would be better spent on helping the families involved. OK, they fell short of their responsibilities, but in all three cases we found that this was deserving of a tiny fine or an absolute discharge. <br />
<br />
(d) was a bit different - the accused father had turned up drunk first time, had been sent away, failed to appear for the next hearing, which had led to a new charge. When he failed to appear this time, we issued a warrant to bring him in. He finally showed up two hours late, too drunk to participate. The ushers pointed him in the direction of the police station.<br />
<br />
Personally, I've got no problems dealing with (d) - you have to worry about the child involved - but why the other three prosecutions ? The local media were in attendance and scribbling away - could it really be all about publicity and getting a message out to parents ? Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-63290371101558077812012-01-05T16:30:00.001+00:002012-01-05T16:30:31.122+00:00January<p>I'm signing up for French lessons and joining a gym. </p> <p>Shut up - I am acutely aware of how badly this reeks of New Year, New Start and how the chances are against my new enthusiasms surviving into February and beyond.</p> <p>But surely it is better to have a possibly doomed attempt at something rather than not even trying?</p> <p>In this vein, I thought it wrong of the British Liver Trust to describe January detoxes as "medically futile". I can understand their contention that it gives a false sense of security, but I can't imagine anyone criticising a heroin addict who decided to stay clean through January because as far as I can see, the only way that people ever get off drugs is 1. Stay clean for a day 2. Repeat step 1.</p> <p>I'd say go for it - enjoy the feeling of making some changes during January and if it turns out not to be permanent then so what - nothing is really permanent and there will be another January along real soon.<br> </p> Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-90465338603043652462011-11-06T11:18:00.000+00:002011-11-06T11:18:02.517+00:00My last press-upI used to like press-ups. You can do them anywhere and they exercise the chest, arms and shoulders in a way that compliments the lower-body work-out I get from cycling.<br />
<br />
Anyhow, a couple of weeks ago I went down for the first of a set (30 I hoped), when instead of a nice tension across the pecs I got a crunching noise from the shoulder/neck area. I stopped and wondered what had gone wrong. Neck felt a bit tender, but no big deal.<br />
<br />
Later, however, I developed a white-hot stabbing pain all along the arm to the tips of my fingers that even the leftover hospital-strength cocodamol from the bike accident didn't touch.<br />
<br />
Hard to explain how little effect these powerful pills had - there was zero diminution of the pain and absolutely no rest from it. I was rolling around the floor and trying ice and heat, meditation and medication, but to no avail. <br />
<br />
Eventually I did what I only do in the most dire of emergencies - I went to the doctors.<br />
<br />
Fortunately I saw a sympathetic nurse who had experienced similar symptoms while doing yoga.Turns out I have in my spine something called <a href="http://en.wikipedia.org/wiki/Zygapophysial_joint">"facet joints"</a> which connect vertebrae and control the twisty motion in the same way that disks control the bendy motion. Somehow I've damaged one of these and in the aftermath my <a href="http://en.wikipedia.org/wiki/Ulnar_nerve">ulnar nerve</a> was "pinched".<br />
<br />
<br />
You've got to love the term "pinched nerve". Sounds like such a minor thing - like a Chinese burn. Instead it's a total immersion pain that makes it impossible to think. Getting my foot crushed did hurt - but the pain could be numbed by drugs and ice.<br />
<br />
Nerve pain is a completely different animal. There's no prospect of numbing the pain - instead you have to interfere with the way the brain works when it receives the pain signals. This brings you into the realm of drugs that were originally designed as anti-depressants.<br />
<br />
I was put on a low dose of amitriptyline just before bedtime - starting with 10mg and going up to 20mg - compared with the antidepressant dose which is around ten times higher.<br />
<br />
I can't actually say if this helped but I was able to sleep, which was something of a medical miracle. The downside was that sleep brought me hyper-real, disturbing "Philip K Dick" dreams where I would be walking along a city street and everything around me would start breaking down like a malfunctioning amusement park before melting like a Dali painting while the Universe shouted random error messages at me.<br />
<br />
Heaven alone knows what ten times the dose does for your dreams, but I stopped taking them as soon as I felt that I could get to sleep naturally, which was three or four nights of surrealism later.<br />
<br />
I'm still pretty sore - but its just "normal" pain which I'm coping with normally with paracetamol and ibuprofen. I'm also getting some physio and acupuncture. Pretty naffed off that it's taking so long to mend but I'm sure I'll be a menace to traffic on my bike before too long.<br />
<br />
Think I may have done my last press-up though.<br />Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-76504382486998415272011-11-03T23:20:00.000+00:002011-11-03T23:20:08.806+00:0013 @ Olivier TheatreMike Bartlett's "13" is a glorious mess of a play with immense ambition, tons of passion and a big muddle of complicated ideas. Bit like the inside of my head sometimes.<br />
<br />
The plot is simple :-<br />
<br />
* There's an all-too-believable war coming between Iran and a "US-led coalition" <br />
* A number of people in London are suffering from a shared dream of monsters and they are sleep-deprived and going slightly round the twist. <br />
* A charismatic preacher arrives in a London park, stands on an upturned plastic bucket and starts to talk philosophy to passers-by. An anti-war protest crystallises around him.<br />
<br />
The ideas involved are far from simple - religion, war, death, politics, the nature of protest, social media, how crappy my generation is and how great his is ...<br />
<br />
Bartlett continues his habit from "Earthquakes in London" of having more than one subplot play out on stage at the same time, with the actors from one subplot passing through the other like ghosts and having radically different conversations over the top of each other. Sounds complicated, but somehow it works - although you don't get much in the way of silence and stillness.<br />
<br />
I loved this play - loved the ambition, loved the passion, loved the big muddle of complicated ideas. <br />
<br />Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-55310550095726445362011-10-10T02:04:00.000+01:002011-10-10T02:04:25.660+01:00Politely IllegalHe was very polite. When the policeman first asked him to blow into the bag, he refused politely saying there was no point because he knew that he was over the limit. When he was told that not taking the test was a crime, he still refused. Politely.<br />
<br />
Back at the station he remained polite, but refused to take the test. He was reminded that if he refused to take the breath test again he would be charged with the offence of refusing to take the test. He refused. Again. Politely. And was charged with refusing to take the test.<br />
<br />
Then he was led to the cells and asked the policeman how long he would be inside "10-12-14 hours - until morning anyway".<br />
<br />
Then in one possible scenario, he panicked, changed his mind and asked (politely) to be allowed to take the test. But the copper told him to stop messing them around and get in the cell.<br />
<br />
In the other possible scenario, that conversation never happened.<br />
<br />
Then in the morning, even though he knew he had been over the limit, and even though he had consistently refused to take the test, he got an expensive lawyer to very impolitely try to get him off on a technicality.<br />
<br />
The lawyer made much of the fact that couldn't be sure that he hadn't had a final change of heart that had been cruelly denied by a policeman in a hurry. And OK, so he left it late, but is it possible to define how late is "too late"?<br />
<br />
We didn't have much sympathy for these argument and found the guy guilty.<br />
<br />
What boggles me though is that this civilised, polite guy, did something wrong, got caught, acknowledged it was wrong, felt shame for doing it and yet still expected somehow to escape punishment. What is in his head ? Does he feel himself a victim? Does he feel he's been "punished enough already" ? <br />
<br />
One interesting fact I got from the defence solicitor - it takes about 1 hour for the alcohol in breath to fall 7 micrograms. So say you decide to play for time and manage to delay the process by ten minutes then your reading would only be one microgram less. If you were twice the limit you'd have to stonewall for five hours - by which time you for sure would be charged with refusing the test.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com3tag:blogger.com,1999:blog-34631969.post-22233845340966630042011-09-28T00:39:00.005+01:002011-09-28T00:46:02.232+01:00SuspendedI have to admit still being puzzled by suspended prison sentences. To me, a crime is either so serious that only a prison sentence is appropriate or it isn't. What are we actually saying when we suspend a sentence ? And how do you explain it to the victim of a crime when the perpetrator "gets off with" a suspended sentence order.<br />
<br />
I had two recent examples that might help. Both of these came into my court on the same day.<br />
<br />
(1) A rather nasty common assault - two drunk young women beat up another drunk woman - with kicks and blows to the head with stiletto shoes. Had a bunch of equally drunk lads not intervened, I'm sure there would have been a murder. Both girls had little previous. Sentence : 12 weeks immediate custody<br />
<br />
(2) Local cab driver with a serious cocaine addiction that he funded by stealing golf equipment from cars at the many plush golf courses in my area. Charged with theft and possession. Fairly extensive previous for similar. Sentence : 12 weeks suspended.<br />
<br />
So what were the difference ?<br />
<br />
* The girls had no dependents i.e. nobody else would be harmed by them being imprisoned<br />
* The girls had committed a violent crime<br />
* The girls were first-time offenders<br />
* The cabbie had substance issues that probation reckoned could be addressed through a drug treatment programme. This could prevent further offending in a way that 12 weeks prison would be unlikely to manage.<br />
* The cabbie had children.<br />
<br />
There's no scientific way of putting the above together and deciding to get G4S to take the girls down and releasing the cabbie rather than vice-versa. We could have decided it was a "bit extreme" to send two first-timers to prison. We could have decided that the cabbie's considerable previous meant that he was due some stick this time. In the end, we need to decide which outcome is best for society as a whole.<br />
<br />
Now there's a phrase that bears repeating : "... we need to decide which outcome is best for society as a whole"<br />
<br />
Heck of a job description, isn't it ?!<br />
<br />Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com2tag:blogger.com,1999:blog-34631969.post-60366497381572638572011-09-07T23:51:00.000+01:002011-09-07T23:53:29.291+01:00Gummigeschoss... is the German word for "Rubber Bullets". Sounds to me like a new type of Haribo - a bit like Gummi Bears, just shaped like a bullet. <br />
<br />
Anyway, I left for a holiday in Germany the night after the riots kicked off . My foot was still messed up after the accident and I had meanwhile picked up some species of fever that burned so fiercely that I couldn't sleep and so I watched over and over
again on the 24-hour news channel as familiar
towns repeatably burned and the financial markets entered a repeated death-spiral. <br />
<br />
I couldn't help humming "Ride of the
Valkyrie" - it was that kind of night.<br />
<br />
While in Germany I wasn't out of touch because I had the "Bild" newspaper and my erratic German language skills.<br />
<br />
Here's a link to one of my favourite articles :-<br />
<br />
(original) <a href="http://www.bild.de/news/ausland/london-krawalle/kann-ich-noch-nach-london-reisen-19312110.bild.html">Kann ich jetzt noch nach London reisen? </a><br />
(translation) <a href="http://translate.google.co.uk/translate?hl=en&sl=de&u=http://www.bild.de/news/ausland/london-krawalle/kann-ich-noch-nach-london-reisen-19312110.bild.html&ei=zeBnTrqGG46r8AOE54j0Cw&sa=X&oi=translate&ct=result&resnum=1&ved=0CBoQ7gEwAA&prev=/search%3Fq%3Dhttp://www.bild.de/news/ausland/london-krawalle/kann-ich-noch-nach-london-reisen-19312110.bild.html%26hl%3Den%26biw%3D1366%26bih%3D664%26prmd%3Divns">Can I still travel to London ?</a><br />
<br />
What's the German for "Yes - of course you can - just avoid the bits that are on fire" ?<br />
<br />
After a wonderful holiday full of good beer, Currywurst and way too many Brötchen, I came back to find that the English press and political establishment weren't any more coherent than a sleazy German tabloid with more boobs than headlines.<br />
<br />
But you know what ? I'm going to be one of the few people in the country who doesn't have a strong opinion on "What Must Be Done". You see, I don't live in these neighbourhoods and anything I said would be under-informed and naive.<br />
<br />
Exactly like the Lie-Dem MPs for Waitroseshire who seem to think the Mags and Judges should have given the thugs a nice big hug and a community centre.<br />
<br />
Or the Tory Boys who ran amok in the early '90s with the Bullingdon Posse - they want a big stick for poor people who smash stuff up.<br />
<br />
As for the Labour Party - I couldn't work out from their impenetrable billshut what exactly their position was. Sorry.<br />
<br />
Vote Stan.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-55895613004525633402011-07-30T13:04:00.003+01:002011-07-30T15:04:13.897+01:00Newton's LawNewton's first law of motion is very soothing I find :-<br />
<br />
"<span lang="EN-GB"><span style="font-family: Arial; font-size: x-small;"><span style="color: red; font-family: Arial; font-size: x-small;"><b><span lang="EN-GB">A body will continue in its present state of rest or, if it is in motion, will continue to move with uniform speed in a straight line unless it is acted upon by a force.</span></b></span></span></span>"<br />
<br />
I was working from home Friday morning and decided to take a bit of a bike ride in my lunchhour to clear my head. I was proceeding down the main street of a local village, very much at a uniform speed in a straight line, when an external force, in the shape of a BMW, came out of a sidestreet and acted upon me. <br />
<br />
The physics became quite complicated after that. The car hit my back wheel, I skidded 180 degrees and ended up facing the way I had come, on my back with my right foot trapped under the bike.<br />
<br />
24 hours later - this is what we have (yes, I am using one of my crutches to hit the button that takes pictures on my webcam) :-<br />
<br />
<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhnBYuPfpbetM3ogd_eMEBDZB71elLPXGaJiPOVhvz3zjO8XujZwP9Ab5zcIER6tnmM9e1LQVsgBv7EHxjdLAU-0iLWY6JsNhQcVN5t3gz0FRqOxy7fEaFRTs-0YF7HOG3icaaQlw/s1600/Snapshot_20110730_2.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhnBYuPfpbetM3ogd_eMEBDZB71elLPXGaJiPOVhvz3zjO8XujZwP9Ab5zcIER6tnmM9e1LQVsgBv7EHxjdLAU-0iLWY6JsNhQcVN5t3gz0FRqOxy7fEaFRTs-0YF7HOG3icaaQlw/s400/Snapshot_20110730_2.JPG" width="400" /></a></div>
<br />
<br />
No broken bones, just a bunch of what are coyly described as "soft tissue injuries". Could have been much worse - I'll just be hobbling around on crutches for a day or two.<br />
<br />
Now, as a Magistrate I know very well that "emerging from a side road into the path of another vehicle" is a specific example of "driving without due care and attention" and he could be in line for a fine plus 3 to 9 points or a possible discretionary disqualification. As it happens I don't have any inclination to bring the law into this. Once I've given the bike a lookover I might send him a bill for any damage to that, but otherwise I just want to move on.<br />
<br />
Sometimes stuff happens and the criminal law really doesn't help. Too early to tell how this might affect my thinking next time I get a careless driving case in court.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0tag:blogger.com,1999:blog-34631969.post-33599275415475010422011-07-13T23:08:00.000+01:002011-07-13T23:08:53.530+01:00A Woman Killed With Kindness @ National TheatreI've always loved the bit in the computer game "The Sims" where you've finished tinkering with the zillions of different settings that actually probably don't make any difference to the health or happiness of your virtual family, and you hit the button to fast-forward them through their day - stopping when they start yelling at you in Simmish so you can sort out their problems or (more often) so you can look on helplessly while tragedy unfolds.<br />
<br />
That's pretty much what they've done with the play "A Woman Killed With Kindness", currently on preview at the National Theatre. The stage is split in two - and two barely connected plays take place in each half. Sometimes one side will fast-forward : the actors moving slow or not at all while servants whizz around moving stuff. Sometimes they both fast-forward. And then eventually everyone is on the same side and doing the equivalent of yelling at The Player in Simmish.<br />
<br />
The actual plays are guff of the worst order - leaden iambic nonsense - but the acting was of a high quality and the staging was tremendous, which just about made it worthwhile for me. If only that team and that cast had picked a play with some substance. Grr!<br />
<br />
Or as they say in Simmish (while shaking their fists) : "No pala!!! Ooh kay kay keelah!!!" Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com1tag:blogger.com,1999:blog-34631969.post-5264356046030015532011-06-30T23:49:00.001+01:002011-07-01T00:05:51.519+01:00Booze and You LoseYou can be addicted to adrenalin, tanning, body-building, overeating, arson, undereating, texting, gambling, sex, work, porn, cosmetic surgery, computer games, self-harm, power, powerlessness, smoking, masturbation, caffeine, exercising, stealing, violence, vomiting, exposing yourself, social networking, shopping, religion, pleasing people, perfectionism, collecting junk, making money and to any one of a thousand of pharmacology's greatest "hits".<br />
<br />
The Ministry of Sound reckon you can be addicted to bass and Robert Palmer points out you can also be addicted to lurve.<br />
<br />
But it's the addiction to alcohol that is the one that I find the most horrifically fascinating.<br />
<br />
How can it be so widespread in all cultures, so apparently random in its victims and why is it so difficult/impossible to cure ?<br />
<br />
Although alcoholics come in all shapes and sizes, end-stage alcoholics have had all the personality drained out of them, and yes they look and behave very similarly indeed. And unfortunately that's the kind of alcoholic we get through the Magistrates court.<br />
<br />
Unless you're a social worker or a Magistrate or live with an alcoholic yourself, I'm not convinced you would know how damaged these guys and gals are. You'll maybe have an image of drunk people shouting, fighting and chucking up in the street on a Saturday night. Most of these people aren't alcoholics at all - they'll feel rotten in the morning, sleep most of Sunday and have a quiet night on Sunday. Merely enthusiastic amateurs.<br />
<br />
Let me take you through the five levels of true alcoholism :-<br />
<br />
(1) Adaptation - you drink so much and so often that your body chemistry changes so that the same level of alcohol has less and less effect.<br />
<br />
(2) Losing Control - you drink to avoid feeling lousy rather than drinking to feel good. Thanks to your body's adaptation you need to drink so much you can't remember what happened the previous night. You don't drink just in the evenings - every hour is happy hour now. People start noticing and your work is noticeably affected.<br />
<br />
(3) Manipulation - your life, assets and friends are used like chess pieces to get you the drink that is your main reason for living.<br />
<br />
(4) Control, What Control ? - drink, pass out, drink more, repeat until drink gone, beg/borrow/steal more drink, drink that, repeat<br />
<br />
(5) End State - body and mind broken, alcohol is consumed as a reflex until death occurs through organ failure, poisoning, choking, hypothermia or suicide.<br />
<br />
We had a late stage alcoholic in the dock this Monday. He was overweight and sweat was gushing out of him. He'd been picked up on Friday night stealing meat from a supermarket to swap for booze and so when we saw him he hadn't had a drink in 60 hours and was really struggling. He had advanced heart disease, diabetes and cirrhosis of the liver. He was in his fifties but he had the face of an eighty year old who had died the previous month. <br />
<br />
He had a considerable history of crime - back when he was just a Stage 1 or Stage 2 alcoholic, he had raped and burgled houses. Recently though he was only capable of drunk and disorderly and shoplifting - a cynic would have said that in this case, alcohol does seem to have done the world a favour.<br />
<br />
He had failed many times to attend alcohol treatment programmes and recently the Magistrates had adopted a familiar pattern of giving Conditional Discharges where they could and short prison sentences when they couldn't. We decided this was one of those "couldn't" occasions, so off to prison he went.<br />
<br />
Well, not quite. He reportedly collapsed in the cells and had to treated by paramedics. I'm sure the prison authorities won't thank us for dumping him on them, but what exactly were we meant to do ?<br />
<br />
In a perfect world, maybe we would stuff him in a taxi to The Priory where he would receive the medical and psychology help he needed before being released, a new man, back into a society to which he would now be capable of contributing.<br />
<br />
**Rude word deleted ** !<br />
<br />
You can't effectively section somebody for stealing bacon. And would people start feigning addiction to get a nice cushy rest-cure rather than prison ? And what about the shops - the law needs to protect them from having their shelves stripped bare. Remember, it's not all about the criminal - the victims' interests also need to be considered.<br />
<br />
And anyway, Amy Winehouse continues to lose her fight against alcoholism despite receiving the best help that money can buy, so there's no guarantee that even the "dream" solution would get the job done.<br />
<br />
I had a momentary mental panic about sending a dying, sick man to prison. But that's what Magistrates do on your behalf. If you don't like it, write to your MP and tell us to stop.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com1tag:blogger.com,1999:blog-34631969.post-7503355770567006512011-06-15T14:28:00.001+01:002011-06-15T14:29:52.507+01:00Legalese 101Part of an irregular series on court vocabulary and the way it is interpreted by this Magistrate:-<br />
<ul><li>Melee</li>
<ul><li>Translation : "My client did not hit the complainant, but even if he did, it was an accident </li>
<li>Example Usage : "I maintain that the broken nose was most likely sustained in the ensuing melee rather than as a result of any premeditated act by my client".</li>
</ul></ul><ul><li>My client tells me that ...</li>
<ul><li>Translation : the phrase itself has no meaning except to prefix a statement that is at best a half-truth but which might persuade a bench to think twice about imposing custody.</li>
<li>Example Usage : "My client tells me that he has an interview for a job on Monday" </li>
<li>Contrast this with : "My client has an interview for a job on Monday" - this is most likely true because the brief will have actually seen proof before making such a verifiable statement in a court of law. </li>
</ul></ul>Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com3tag:blogger.com,1999:blog-34631969.post-56816246812776607112011-06-12T12:06:00.000+01:002011-06-12T12:06:07.894+01:00AssaultI didn't have much confidence that I was going to enjoy my training session on <a href="http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Magistrates_Courts.pdf">the new guidelines on Assault</a>. I had a sinking feeling that that this would be yet another attempt by The Powers to stop me imprisoning people who deserve prison just to save a few quid.<br />
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In fact the Guidelines are rather good. You feel there are some fine minds at work here and the detail indicates a huge amount of practical experience. True, there is a slight softening of the penalties involved in low level assault, but equally there is a hardening at the upper end which was a pleasant surprise. <br />
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I remember well a Common Assault case that <a href="http://radiofreestan.blogspot.com/2009/11/undercharged.html">I blogged about back in 2009</a>. This was a hateful case where a man had argued with his pregnant wife (she was sitting on the stairs in their house) - she had yelled back that he couldn't hit her because she was pregnant - he shrugged and made sure that all his punches were to her face while in the background their young daughter was yelling for him to stop.<br />
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For some reason this was charged by the CPS as a Common Assault (s39) to which the defendent gratefully pleaded guilty, ensuring that all we could give was a tiny prison sentence or a Community sentence.<br />
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Under the new rules this would go right to the top end of the newly extended guidelines thanks to increased culpability and increased harm (premeditation, presence of a child, pregnant woman afraid for unborn child, sustained assault) and suddenly our wife-beater is looking to get the full six months (less guilty plea allowance). Doesn't quite make up for the CPS undercharging the offence, but that's someone else's issue to resolve.<br />
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One of the worked examples in the training materials concerns a drunk who punches an ambulance worker in the face while they were doing their duty. As Stanetta is intending to pursue a career as a paramedic, I'm probably not the right Magistrate to ask what the correct punishment for this should be. The model answer is "High Level Community Punishment" - I'd prefer something involving electricity.Stanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.com0