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Jacques Hughes's avatar

I wanted to comment on “Crush Crime” and sentencing. Posting anonymously as I sit as a part time judge myself.

First, some of us - but I don’t think that many - get it. When I am confronted by career criminals I always give them as long as I can without being appealable. My view is that they have had their chance, come their 20th conviction or whatever, and the best thing for me to do for their community is to subtract them from it for as long as I can. What’s telling is that they are often visibly shocked that I haven’t fallen for the traditional claims that at last they get it, they will turn their lives around etc, as they go straight inside.

But second, the extent to which judicial hands are tied by mandatory sentencing guidelines- and mandatory discounts for early guilty pleas no matter how strong the evidence - isn’t widely understood. And the guideline are an absolute classic illustration of a general Cummings theme: the silent usurpation of democratic law making by an unaccountable and unscrutinised committee.

Judges have to follow the sentencing guidelines if an offence falls within them. Many of them utterly emasculate the sentencing options Parliament has prescribed. Take burglary. Parliament has given it a maximum sentence of 14 years. Under the guideline, the top-of-range sentence for the most serious category of the offence isâ€Ĥ 6 years. A reduction of 57%. And the starting point sentence for that most serious category isâ€Ĥ 3 years. A reduction of 78.6%.

To these sentences you then have (no discretion even if they are caught red-handed) to apply a one third discount for an early guilty plea. So the starting point sentence for the most serious of category of burglar who is pleads immediately becomes 2 years. Almost 86% less than the maximum sentence.

These sorts of figures are common across the board. Criminal damage - maximum sentence 10 years; highest sentence in the guidelines - 4 years. Interestingly, where an offence is the sort where there is a strong activist presence rather than a boring old offence like burglary, the guidelines are less out of kilter. Stalking with fear of violence for example is max sentence 10 years, highest guideline sentence 8 years.

I have thought for some time that crime, net zero and migration forms a perfect trifecta. It just needs a politician who can cut-through, and who unlike Farage can work strategically and build a competent machine, to exploit it.

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Maurice Cousins's avatar

Another absolute corker. This Substack is the only thing that keeps me sane and optimistic about the future. You've definitely challenged my own thinking over the years and made me reassess where I've gone wrong on issues. Plenty to digest and think about!

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