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 Post subject: POST CODE LAW LOTTERY??
PostPosted: Thu May 18, 2006 23:58 
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A lorry driver who fell asleep at the wheel and caused a crash, has highlighted a state of affairs, where it seems the sentencing one receives, depends on where you live/are prosecuted!
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Bournemouth magistrates adjourned sentencing to Carlisle, saying he would not face jail but a community sentence.

But his solicitor asked for the case to be sent back after Carlisle magistrates said jail was a possibility.


Clearly this is just one of many such incidences every week.
Isn't it about time that ALL defendants received the SAME justice, no matter where they live or go to court?
Or is it right that local concerns are reflected in the sentences handed down?

There was a time when motorists being followed on the M6 for motoring violations, were allowed to carry on to Shap before being stopped. This came about because Shap magistrates were known to be tough on sentencing errant motorists!!

Original story here.

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PostPosted: Fri May 19, 2006 00:17 
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Magistrates :roll: :roll:

Lawyers :roll: :roll: :roll:

We get dizzy going around in circles because of these people :roll:

And you are right - the law should apply equally no matter of class, gender, locality... :roll:

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PostPosted: Fri May 19, 2006 01:47 
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Ernest Marsh wrote:
Isn't it about time that ALL defendants received the SAME justice, no matter where they live or go to court?


Every case is different and we depend on the judiciary to make appropriate judgements. It's never going to be perfect, but I can't imagine anything better.

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PostPosted: Fri May 19, 2006 03:16 
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SafeSpeed wrote:
Ernest Marsh wrote:
Isn't it about time that ALL defendants received the SAME justice, no matter where they live or go to court?


Every case is different and we depend on the judiciary to make appropriate judgements. It's never going to be perfect, but I can't imagine anything better.

Hence my question re. local concerns. Some types of crime must seem more serious in some areas than others, so local people's views should be taken into account.

In this instance however, the court in Dorset intended to give a community service order - and since the driver was from Cumbria, sent the case to Carlisle so his service would be "local" rather than him travelling to Dorset!
However, the Carlisle magistrates seemed minded to give him jail time - contrary to the wishes of the Dorset court.
Surely that does not seem right?

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PostPosted: Fri May 19, 2006 12:06 
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Ernest, on a similar theme, what do you think will happen when Cumbria & Lanca$hire Constabularies merge next year :o

"Cautions" at 35, speed course at 36 & 37 as in Lancs at present, or prosecution at 35 as in Speedfinder General country? :roll:

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PostPosted: Fri May 19, 2006 12:11 
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Ernest Marsh wrote:
Isn't it about time that ALL defendants received the SAME justice, no matter where they live or go to court?


Perhaps their employer should also figure in this ( 52 police in Derbys, one in Tellford etc/etc , and the good ones still play by the rules) :o

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