I think that I have figured out a way to make our
court system work. When I was a JP, we were often frustrated that we were
under-punishing criminals because of our system of 'sentencing guidelines'.
These worked on the basis of pluses and minuses from an 'entry point'
sentence.
My suggestion would be that wherever there be
evidence of 'professional criminality', the
entry point sentencing level would automatically be raised by a whole
notch. So. If, for example, a 'community sentence' would
normally be indicated, if the CPS were able to show 'professional criminality',
the entry point would have to be raised. For example, where 'a community
sentence is indicated', if the offence is deemed to suggest 'professional
criminality' - a custodial sentence would become the norm. Where a case falls
within magistrates' powers of imposing custody, it would be raised to a Crown
Court imposition of custody. Rough and ready as this is - and ignoring the squawks
that 'the professional criminal is dealt with within current guidelines' - I
feel that this is a major first step to putting the criminal classes onto the
back foot.
After all, if a crime can be declared to be 'racially motivated' and sentencing guidelines raised then ...
After all, if a crime can be declared to be 'racially motivated' and sentencing guidelines raised then ...