All week two of my favourite blogs have been vexed over the Sgt Mark Andrews case. For those unaware, this is the police custody sergeant caught on cctv hurling a woman onto a cell floor, thus sustaining a head injury. His actions were reported to senior management by a junior female officer and she in turn has won a commendation. Sgt Andrews pleaded not guilty to sect 47 AOABH and was tried by a Deputy District Judge in the Magistrates Court. He was duly found guilty and sentenced to six months custody. There are many issues raised by this case, so it is not surprising that there have been well over 400 responses to Inspector Gadjets blog, and about 200 to the Magistrates blog.
It does not come as a surprise to me that some police officers feel strongly that 'you don't dob a fellow officer in'. Some feel angry that he was convicted and others that he got custody when 'scrotes' typically get a 'slap on the wrist' at court. In my experience it is very difficult to get a police conviction at all and it is only with the advent of cctv that things have changed somewhat. It's interesting to note that the DDJ is reported as saying he was very upset by two police officers who gave evidence for the defence, didn't accept it and has passed his views on to their Chief Constable. The inference couldn't be clearer - he felt they had perjured themselves.
There is no doubt that police officers often have a very difficult job to do in extremely testing situations. Over the years I have had to write court reports on two officers who also found themselves in court as a result of cctv evidence. Of course a major role of a probation Pre Sentence Report is to put the offence and individual into context, and in cases like this I felt it especially important due to the possible consequences for each officer in terms of loss of employment and pension, not to mention liberty. Sadly in one case this did not prove possible due to that officers' unmitigatingly arrogant manner throughout, and in the other he subsequently won on appeal.
I understand Sgt Andrews intends to appeal, so the matter is not yet concluded. As to my thoughts on this case, I'm left reflecting as to what might have happened had the officer not been reported to senior management by a junior officer? Like a lot of police officers, I'm pretty sure the custody cctv tapes would be - well - 'missing'.
An attempt to help explain the mysteries and magic that are part and parcel of 'probation'.
Showing posts with label District Judge. Show all posts
Showing posts with label District Judge. Show all posts
Saturday, 11 September 2010
Monday, 6 September 2010
Not So Local Justice
One of the early announcements of the coalition government was from the Ministry of Justice relating to a proposal to close approximately 150 Magistrates and County Courts. Although not completely unsurprising, the sheer number and scope of intended closures has shocked many communities with the realisation of long journey's to amalgamated courts. Apart from appearing to fly in the face of encouragement for sustainable communities, it also seems to strike a blow to the very heart of the British legal system - that of justice being dispensed locally by local Lay Justices. I haven't been at all persuaded by the argument that many court buildings are under used or are not fit for purpose, and in the grand scheme of things any likely savings are going to be relatively paltry. It also annoys me that this sort of proposal always seems to come along when vast sums have recently been spent upgrading buildings with the likes of new IT, video conferencing, lifts, furniture, lighting etc etc. I bet we could all name examples of this, together with replacement facilities that are likely to deliver a considerably worse service. Of course some see this as the thin end of the wedge in a scheme to either downgrade the role of Lay Justices, or remove them completely - it seems a strange time to be appointing 30 new District Judges (Magistrates Courts) when the government says it wants to save money. Finally, it strikes me that it signals almost the last nail in the coffin for that historically important link between probation officers and their local courts. A completely retrograde step in my view, but sadly the opposition to the closures seems too little and too late.
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