I have made reference to the principle of 'totality' on this Blog and have explained how it is used to ensure that prolific criminals invariably leave our courts badly undersentenced.I have made reference too to 'guidelines' on a number of occasions. It would perhaps be wise at this point to explain how this 'sister of totality' actually works.
Magistrates may be sentencing for a crime such as Driving Whilst Disqualified. Their 'guideline' in their Bench Handbook currently states; 'Entry point - community penalty and the relevant page also gives a number of aggravating features which could conceivably, on rare occasions, turn the issue into one of custody.
[There is also a list of mitigating features which might suggest an even lower disposal! ]
Clearly, this is a very serious offence and should almost always result in imprisonment, not least because the offence demonstrates an absolute contempt for a major court order and the offender has been considered unfit to be on the roads.
When I began on the Sheffield Bench in the mid 90s, the entry point was custody - when I left it had been reduced to a community penalty , effectively by Home Secretary David Blunkett.
What this means is that the government accepts that there are high penalties in place but will not allow magistrates to use them.
So whenever the government starts sabre rattling and talks of a 'crackdown' on a particular crime by [probably unnecessary] new legislation, it puts a really high top penalty in place in order to grab headlines and then will seldom allow the magistrates to use the penalties available. The ever present 'guidelines' will have done their 'liberal left job' in ensuring that yet another criminal will not have to face a realistic punishment.
