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Police: POLICE A DECADE ON

Written by RSS Poster The Justice of the Peace

Exactly ten years ago I blogged as copied below.  It seems that despite all that has happened since then the police have learned little of what the public expects.  Even with hindsight I don`t believe that there is a willingness for police to learn and that is as dire for us, the public, as it is for them.


         ACPO and proposed police restructuring

by TheJusticeofthePeace@ 23. Nov. 2009. – 12:13:02

Sir Hugh Orde, president of ACPO wrote recently in The Times with his recommendations for a restructuring of policing. He appears to be taking not unnaturally a top down approach as opposed to giving consideration to the requirements at a local level where the vast majority of the population is not a victim or terrorism or cross border organised crime. He criticises, "people who are claiming to represent communities" who suggest that more police on the beat is what is required by offering ridiculous statistics about a patrolling officer rarely coming across a burglary being committed. In this statement he reveals his apparent indifference...

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Police: A STAIN ON OUR CIVILISATION

Written by RSS Poster The Justice of the Peace
There are some human actions which are perfectly normal at most times for most people but which cross the threshold into offences under limited circumstances.  Perhaps the most commonly committed offence in that category is rape. And that is why this offence is perhaps the most difficult to prove beyond a reasonable doubt. However to add to this apparent get out free card for offenders is the height of the bar at which the CPS sets its decision to prosecute.  The criteria long held for any prosecution are to consider if is it in the public interest and is there a reasonable (>50%) chance of success. Such opinions are of course subjective but then so much of daily life is subjective. But with the decision to charge an individual with rape there is another ingredient thrown into the melting pot and that is the consideration of the statistics published on the success rate of rape prosecutions. To put that in perspective the success rate of all prosecutions in China is 99%.  Does that indicate the superb ability of Chinese...

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Police: APPEAL BETWEEN VOTE LEAVE LTD Appellant And THE ELECTORAL COMMISSION Respondant 12th November 2019

Written by RSS Poster The Justice of the Peace
Neutral Citation Number: [2019] EWCA Civ 1938
Case No: C1/2019/0150
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM the High Court (Queen’s Bench Division)
Administrative Court
Mr Justice Swift
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 12/11/2019
Before :
LORD JUSTICE UNDERHILL
(Vice-President of the Court of Appeal (Civil Division))
LORD JUSTICE SINGH and
LADY JUSTICE NICOLA DAVIES
- - - - - - - - - - - - - - - - - - - - -
Between :
VOTE LEAVE LTD
Appellant
- and -
THE ELECTORAL COMMISSION
Respondent
- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -
Mr Timothy Straker QC and Mr James Tumbridge (respectively instructed by, and of, Venner Shipley) for the Appellant
Mr Philip Coppel QC and Mr Ravi Mehta (instructed by the Treasury Solicitor) for the Respondent
Hearing date: 3rd October 2019
- - - - - - - - - - - - - - - - - - - - -
Approved Judgment
Judgment Approved by the court for handing down. Vote Leave v Electoral Commission &...

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Police: MAGISTRATES AND MEDALS

Written by RSS Poster The Justice of the Peace
On November 30th 2009 when this blog was but  a fortnight old I wrote what is copied below.  The MA forum to which reference is made was withdrawn about two years later because the powers that be considered it was giving members too much vocal power. But at this time of year when memories of my father in law`s generation and its mementos awarded as participants in that wartime struggle are so recent  we have recently had so called "leadership magistrates" imposed upon the hierarchy of those who influence and control the magistracy.  They were appointed by the Ministry of Justice initially with their names withheld  at the same time as true elected magistrates representatives indicated by the Bench Chairman`s Forum was disbanded. Of course these "influencers" to use the modern term have no thought of any future honours which might be available in the future. 

"My late father in law served in Burma during WW2 and like many of his generation never talked about his experiences until a year or two before his death when my son, his grandson,...

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Police: NOBODY EXPECTS THE SPANISH INQUISITION AT THE JCIO

Written by RSS Poster The Justice of the Peace
Magistrates by their very nature are hybrids being not professional judiciary but still being referred to by all parties as indeed members of  the judiciary albeit junior members. When it comes to the ways in which magistrates` behaviour or words can be interpreted as bringing the magistracy into disrepute it is fair to say that contrary to taking a logical view bearing in mind the above stated difference magistrates are arguably held to a higher and more pernicious standard of conduct than the paid civil servants who are the professional judges, from the lowest Deputy District Judge to members of the Supreme Court.  It seems that their straddling of two positions judicial and private is not a consideration for those who preside over judicial complaints: in the first instance that is the local advisory committee. Current advertising for new applicants emphasises that "ordinary people can become magistrates". But these "ordinary people" are treated in possible cases of misconduct of a minor or serious nature...

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Police: EVERYDAY INJUSTICE AT MAGISTRATES COURTS

Written by RSS Poster The Justice of the Peace

I have recently had a comment from a serving JP about his disquiet in the manner in which warrants for utility companies are rubber stamped sometimes in their hundreds.  As a newbie to the bench I too was very much disturbed by the complete lack of justice for those faced with court action for non payment.  There seemed to be no interest by anybody in even recognising there was a problem from my colleagues up to the Deputy Justices Clerk.  However over a period of about two years with the assistance of a sympathetic L/A and a new DJC I persuaded him that the document copied below be placed on the bench for every such hearing. I fear, however, that since my retirement old habits have prevailed.  Search https://thejusticeofthepeaceblog.blogspot.com/2013/08/six-of-best.html  for a summary of early previous posts on this topic. 

********************************************************************************************************

Applications by utilities companies for warrants to enter premises to inspect or read a...

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Police: A STING IN THE TAIL OF THIS TALE

Written by RSS Poster The Justice of the Peace
I`ve often wondered at the difference in intellectual capacities between those legal eagles who are appointed to and serve with distinction on the Court of Appeal and those on the Supreme Court.  Perhaps there are other considerations.  Does the MOJ keep a score card of the decisions of individual judges on the former?  

A recent decision on planning law by the Court of Appeal was reversed by the Supreme Court by a 3:2 majority to the satisfaction of the appellant but there was a sting in the tail of this tale.  Read all about it


Police: THE ELEPHANT IN THE (COURT)ROOM

Written by RSS Poster The Justice of the Peace

There are occasionally court reports which appear to omit the relaying to a reader the story of the elephant in the courtroom. This is one such report. It would seem that police are the most likely villains insofar as there is silence on how this offender has escaped justice. It would have been almost a certainty that the judge would have questioned the CPS on the absence of the accused.  If he had been on bail surely it would have been reported in open court the conditions of such?  If he had been released under investigation that too would have been part of the prosecution`s opening statement. Perhaps the judge made a direction that whoever and/or whatever was responsible should not be made public. 

I am rather disturbed by this case and its possible implications.  Perhaps someone with experience of such matters could enlighten me.


Police: TO REPORT OR NOT TO REPORT

Written by RSS Poster The Justice of the Peace
There are occasionally news events, major and minor, that resurrect in me and probably others events long forgotten.  When I read or see on TV that there has been a terrorist explosion in a city whether in this country or not it revives memories of when the first floor of a city multi story car park  in which I had been parked was the scene of an IRA car bomb about twenty minutes after I had left.  Similarly reading this report of a member of the public reporting a possible drink driver to the police I was reminded when I was in a situation regarding a professional colleague.  Another colleague had mentioned that unknown to me at the time that person had a drink problem and had been banned some time previously. A few weeks later when a client/patient/customer was pleased that I was advising her and not "that man who breathed alcohol fumes" I felt on reflection that as he was still driving I should not be merely a bystander to the situation.  After some hesitation and having taken note of his car number from my colleague I called...

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Police: ONLY THE NAME WILL BE THE SAME

Written by RSS Poster The Justice of the Peace
There are some who opine that magistrates or retired  magistrates should not take part in activities such as blogging. Unlike the paid judiciary whose livelihoods and pensions depend upon not biting the hand that feeds them magistrates are volunteers.  They offer opinions and knowledge that often is not listened to or does not percolate through the established layers of communication.  Indeed the MOJ was so concerned to keep the so called independent magistracy under its control that last year it advertised for magistrates to be appointed "leadership magistrates". So unlike the previous senior magistrates who were elected by their peers via the Magistrates Association or from the Bench Chairmen`s Forum  and who liaised with the various judicial committees these incomers would be beholden to the Lord Chancellor for their positions and opinions whether or not the latter were truly representative of their 15,000 colleagues. Sad to relate this is just another small step towards the bowing out of the independent magistrate as...

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Latest The Justice Of The Peace Stories

POLICE A DECADE ON
A STAIN ON OUR CIVILISATION
APPEAL BETWEEN VOTE LEAVE LTD Appellant And THE ELECTORAL COMMISSION Respondant 12th November 2019
MAGISTRATES AND MEDALS
NOBODY EXPECTS THE SPANISH INQUISITION AT THE JCIO

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