Tuesday, August 29, 2006
Criminal Justice Again
Yesterday in The Times (here) we had Ken Macdonald QC the head of the Crown Prosecution Service speaking on the criminal justice system.
He appears critical, saying things like: "elitist attitudes had helped to break the bond of trust between the public and the criminal justice system" and: "If people, including victims, feel they cannot secure justice through the courts, we are entering dangerous territory".
I'm always sceptical, here is a senior member of the establishment, the director of public prosecutions no less, complaining about the criminal justice system. A large portion of the problems must be traced back to him and his department; his department decides which charges are to be brought, quite often I believe they will charge a lesser offence in return for a guilty plea to save them having to prove a case. This may make life easier for the prosecutor, but hardly ensures that justice is done.
On two occasions last year I visited a magistrates court to sit in the public gallery, both times there were cases that had suffered delays down to the CPS, at no time was any kind of acceptable reason given. Even the CPS lawyers didn't seem to know what was happening.
In any event I clearly lack the intellectual calibre to grasp what exactly Ken's after; he seems to want better service for victims and witnesses and it seems some people suspect he wishes to: " water down traditional legal safeguards for defendants".
Anyway despite the promising headline the whole thing is pretty trite. Ken Macdonald won't be a fool, he knows the score, you need tough sentences to keep people from re-offending. You need laws that give protection to private property and to those defending private property. You need laws, and enforcement of the laws that ordinary people feel happy with and feel they can trust, he isn't calling for any of these things. So, assuming he hasn't spoken out because he wanted his picture in the paper, there must be a reason for the story, but I've no idea what it is.
In any event the story as it is seems to me a non-story, just a bit of spinning from a man who if he genuinely wanted to make a difference could just alter a few policies (on his say so alone I'd imagine) of the Crown Prosecution Service, without any fine speeches or blurb in the paper and these alone would cause confidence to increase in the criminal justice system. If he wants his picture in the paper an announcement to the effect that persons defending their property from criminals would not be prosecuted by his department except in exceptional circumstances should do the trick.
He appears critical, saying things like: "elitist attitudes had helped to break the bond of trust between the public and the criminal justice system" and: "If people, including victims, feel they cannot secure justice through the courts, we are entering dangerous territory".
I'm always sceptical, here is a senior member of the establishment, the director of public prosecutions no less, complaining about the criminal justice system. A large portion of the problems must be traced back to him and his department; his department decides which charges are to be brought, quite often I believe they will charge a lesser offence in return for a guilty plea to save them having to prove a case. This may make life easier for the prosecutor, but hardly ensures that justice is done.
On two occasions last year I visited a magistrates court to sit in the public gallery, both times there were cases that had suffered delays down to the CPS, at no time was any kind of acceptable reason given. Even the CPS lawyers didn't seem to know what was happening.
In any event I clearly lack the intellectual calibre to grasp what exactly Ken's after; he seems to want better service for victims and witnesses and it seems some people suspect he wishes to: " water down traditional legal safeguards for defendants".
Anyway despite the promising headline the whole thing is pretty trite. Ken Macdonald won't be a fool, he knows the score, you need tough sentences to keep people from re-offending. You need laws that give protection to private property and to those defending private property. You need laws, and enforcement of the laws that ordinary people feel happy with and feel they can trust, he isn't calling for any of these things. So, assuming he hasn't spoken out because he wanted his picture in the paper, there must be a reason for the story, but I've no idea what it is.
In any event the story as it is seems to me a non-story, just a bit of spinning from a man who if he genuinely wanted to make a difference could just alter a few policies (on his say so alone I'd imagine) of the Crown Prosecution Service, without any fine speeches or blurb in the paper and these alone would cause confidence to increase in the criminal justice system. If he wants his picture in the paper an announcement to the effect that persons defending their property from criminals would not be prosecuted by his department except in exceptional circumstances should do the trick.
Tags: justice, CPS, Ken Macdonald, criminal justice system
This work is licensed under a Creative Commons Attribution 2.5 License.
This work is licensed under a Creative Commons Attribution 2.5 License.
