Thursday, December 3, 2009

Question Time

Ask me a question. Anything to do with prosecuting, police, prisons, policy, anything beginning with the letter "p", really. Nothing about specific cases, though, for obvious reasons.

theanonymousprosecutor (at) gmail (dot) com

I will endeavour to reply to the more serious queries as soon as I can.

17 comments:

  1. Why isn't everyon who is drunk charged and fined?

    Given how big a problem drink is in our cities and the time wasted by ambulance/police/A&E dealing with them instead of more and more silly laws and taxes and price fixing why aren't we using the drunk and disorderly offence and fining every drunk person causing the slightest nuisance?

    We'd make loads of money off fines and people would soon get the message that being drunk will get them a fine and a record. So why don't we?

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  2. Why isn't everyon who is drunk charged and fined?

    Damn good question, I'd like to know that one as well.

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  3. I have a question about the effect of concurrent sentences, a topic that's always puzzled me.

    Let's say, for the sake of example, that I'm found guilty of three crimes, A B and C, and I'm sentenced to
    12 months for A
    6 months for B, and
    2 months for C.

    When I go and serve my 12-month sentence, how am I affected by the shorter sentences for B and C?

    Do they affect early release, or conditions in jail? What practical effect do those two shorter concurrent sentences have?

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  4. Hello mr prosecutor , I would like to hear some suggestions from you as to how we could improve the criminal justice system. I'm sure you could write an essay , but just give me a few points. I've never really heard the CPS's ( a member of) point of view.

    London PC

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  5. Two questions

    1. has the move to making (nearly) every offence arrestable had a positive impact on the Criminal Justice System

    2. do you support the six year rule for the retention of DNA for people not convicted of a crime.

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  6. I'll put all my answers up in a new blog post after the weekend. I hope the suspense doesn't kill anyone.

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  7. I'll help out by answering the first question.

    "Why isn't everyone who is drunk charged and fined?"

    ...because being drunk isn't against the law, so there'd be nothing to charge with.

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  8. The offence, I believe, is drunk and disorderly and I suspect everything hinges very much on what you consider "disorderly".

    Which is why I clarified it as: "... every drunk person causing the slightest nuisance".

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  9. "Nationalist" isn't troubled by your so-called facts or reality.

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  10. Question: Do you think the majority of charging should go back to the custody sergeant?

    And of course why or why not.

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  11. Cool. At last someone on the internet is offering advice (free of charge) that might actually be of some practical use to me. I’ve got a question:

    “How do you avoid getting caught?”

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  12. I can answer this one, in part:
    Nerd for Justice said...

    I have a question about the effect of concurrent sentences, a topic that's always puzzled me.

    Let's say, for the sake of example, that I'm found guilty of three crimes, A B and C, and I'm sentenced to
    12 months for A
    6 months for B, and
    2 months for C.

    When I go and serve my 12-month sentence, how am I affected by the shorter sentences for B and C?

    Do they affect early release, or conditions in jail? What practical effect do those two shorter concurrent sentences have?



    My response: If all are 3 sentences are imposed at the same time then it has no effect on when the individual is released. On a 12-month sentence they will be released, at the latest at the half-way point (possibly minus 18 days if they have a home to go to), plus they will have the option of early release on Home Detention Curfew (if approved by Probation/Prison). It does not affect their time in custody, what privileges etc they are entitled to. On a 12 month sentence or above, they will be released on a licence to be supervised by Probation.

    So simply, concurrent sentences have very little practical impact.

    For note, it's also a similar situation when a concurrent community penalty is imposed, although they are normally for new offences committed during the term of the existing order and us such may extend the period of supervision.

    The Prosecutor would need to enlighten us on the reasons why separate penalties must be imposed on certain offences and why these are allowed to be concurrent rather than consecutive; so that would be my question towards the Prosecutor.

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  13. Excerpt from an academic essay:

    A very important decision when sentencing for multiple offences, the judge having decided on sentences for each offence, is how to arrange them: consecutively, concurrently, or a combination. “Where several offences arise out of the same transaction, it is a good working rule that sentences imposed should be concurrent” [R v Kastercum (1972) 56 Cr App Rep 298], but “when passing consecutive sentences, the court must ensure that the total sentence is not excessive” [R v Stevens [1997] 2 Cr App Rep (S) 180, CA].

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  14. 'Ello! Hope I'm in time for one last question!

    I was thinking the other day many people say the prison is the answer, that as the harshest means of punishment we can offer it should be given out as much as possible for as long as possible.

    Including youth offenders. However, I have read a great many academic sources that make a good point that prison doesn't really 'work' in terms of reducing reoffending and can even make offenders worse when they re-emerge butterfly like several months later.

    A great many people decry the effectiveness of community punishments and other alternative forms of justice and I can see why. The feeling is that they don't work and aren't harsh enough, however true this is I don't know but I can see where they are coming from.

    So, what's the middle ground Anonymous? Is it even within the criminal justice system's power to change the way criminals both young and old go about their dirty business?

    A big question I know, just wondered what your thoughts were.

    ALSO!

    Slightly more topical, with the number of rape stories in the news and the recent Sarah Payne report (in addition to the HMICPS thematic review coming out next year) what is your opinion on how the justice system in dealing with complaints of rape?

    Thanks! :D

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  15. Late question replied to in edited post Answer Time Part One!

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  16. I can see you are at times a jaded and cynical prosecutor but have you ever wondered what Community Service penalties are like from teh 'inside'? There is plenty of chat about prison being a school for criminals but what about day release? See my blog

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  17. I haven't visited for weeks, I am sorry you have not posted for a bit

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