Thursday, March 30, 2006

Punishment fitting the crime

It was good to read the newspaper report yesterday regarding the High Court's ruling that community service was not a sufficient punishment for two males who had assaulted Paramedics in Glasgow in 2005. They were sentanced to, from memory about 200 hours community service however The Crown appealled the sentence and the matter was referred to a panel of three law lords. They stated that the sentence was inappropriate as it didn't take into account the seriousness of the crime firstly becasue in the case of one of the paramedics it was an assault to severe injury and secondly because of the circumstances- that the assault was unporvoked and upon emergency servies workers trying to help the public.

So with any luck when the two charming individuals will receive a custodial sentance which hopefully may make others thiink twice before assaulting the very people going out their way to provide a valuable service to the community.

I have seen in the time I have been in the job how the perception of how serious a contravention of Section 41(1)(a) of the Police (Scotland) Act 1967 other wise known as Polis Assualt has been diluted. Quite often it is simply plea bargained away by the PF at court. While I understand the need for plea bargaining to get things through court quickly I think that its got to such a level where neds must think... well i might as well have a scrap with the Police 'cause nothing is going to be done about it anyway.

Does anyone else have experience of this? I have lost count of the number of Resists or Police Assaults that have been dropped at court.


Anonymous Anacapa999 said...

Speaking as a former civvy turnkey, it possibly doesn't help when bodies often get charged with Police Assault for what seems to be basically Resist Arrest. I saw somebody once brought in for D&I and Police Assault! Eh! This dilutes the perceived seriousness of Police Assault.

6:50 AM  
Blogger Gonnae No Dae That said...

Personally anyone who attacks the Polis, fire brigade or any medical personnel deserves a good kicking, but that goes for those who mug wee auld women etc.... we've just turned into a nation of soft arses where the emphasis is put on the poor wee person that did the crime and what made them do it, nobody gives a toss about the victims. I'm sure you've came across this often enough, and how it doesn't drive you bonkers is beyond me. Like the blog BTW.

4:18 PM  
Blogger Jez said...

How anyone can put the police on the same level as the fire brigade and medical personnel is beyond me. The role of the latter is safety, the role of the former is repression.

8:51 AM  
Anonymous Anonymous said...

yeah...thanks for your opinion jez

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Anonymous Anonymous said...

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Anonymous Anonymous said...

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10:29 AM  
Anonymous Anonymous said...

I think anacapa999 has a point. There are too many in my force that throw in a polis assualt charge when the person has resisted or really just been an arse, so the fiscal obviously ditches it, this takes away from the severity of the real assault cases that the fiscal gets because they dont read them, they just think oh another pissy polis assault, we can drop that. If police assault was only used when it really was police assault it might stick a bit better

11:11 PM  
Anonymous Anonymous said...

There needs to be a little fear of the police for us to be able to enforce law and order. Not prosecuting people who assault the polis is sending out a message that we are fair game.
Oh I, you are a prick Jez

8:43 PM  
Anonymous Anonymous said...

Dear Jez... Thank you so much for your kind support. The next time I have to perform CPR on a dying child or put myself between the public (i.e. you) and some kind of danger, I'll stop to consider whether my actions are repressive. It's folk like you that make it so worthwhile going out and giving folk the jail. x

3:04 PM  
Blogger baldysanchez said...

I got an on duty kicking a couple of years back from a team of shite. The first car that arrived thought I was dead. Long story short, over a year later at court the fiscal took me aside and told me that the accused was prepared to plead to a lesser charge of assault, if it wasnt accepted we'd be going to trial. He then said "Its up to you either way I dont care". Never a truer word spoken.

9:59 AM  
Anonymous James said...

Can someone tell me what exactly constitutes Resisting Arrest? Is running away enough, or would the offender have to take a swing for whoever's trying to nick him?

5:28 PM  
Anonymous Anonymous said...

All you hard working polis in L&B better look-out.The Corporal currently leading NorCon has his eyes on your Chiefs seat and if he gets it you too will find large number resignations,bum licking promotions and the disapline code only being applied to the rank of constable or below, and unatainable targets being set for the workers cos you wont ave any staff.On a plus point Norcon will be glad to see the back of him.

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