Musings and Snippets from a recently retired JP. I served for 31 years, mostly in west London. I was Chairman of my Bench for some years, and a member of the National Bench Chairmen's Forum All cases are based on real ones, but anonymised and composited. All opinions are those of one or more individuals. JPs swear to enforce the law of the land, whether or not they approve of it. Nothing on here constitutes legal advice.
Friday, October 29, 2010
Pragmatism Can Pay
We have had a few recent comments on defendants who spend more time on remand than they eventually receive as a sentence (not to mention those acquitted and freed after many months of incarceration). A defence brief with whom I am on drinking terms tells me that when people turn up at a UK port having disposed of their passports and ID before claiming asylum they will often be charged with a 'Section 2' passport offence. The higher courts' guidance to magistrates is imprisonment of 2-5 months, or in reality two to ten weeks inside. As unidentified foreign nationals these people are unlikely to be granted bail so anything other than a swift guilty plea is likely to result in a pre-trial delay that will exceed the real likely sentence. If Crown Court trial is chosen, the delay could stretch to three months or more. So a pragmatic solicitor will usually advise his client to plead, even if there might be a possible defence in the background. Apparently these cases have tailed off recently due to a Human Rights decision. They always struck me as a bit pointless anyway. If you are prepared to uproot from your home friends and family and travel halfway round the world to an uncertain future in the UK, a few weeks in prison are unlikely to be a deterrent.
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