• Home /
• Statewatch Database /
• Panic on the bench

Panic on the bench

01 January 1991

Panic on the bench
artdoc May=1993

The Criminal Justice Act 1991, in force since the end of last
year, has thrown the criminal justice system into confusion. 30
magistrates have resigned in protest at the Act, which they say
ties their hands in sentencing. The complaints focus around two
innovations, `unit fines' relating financial penalties strictly
to ability to pay by a tariff, which has resulted in fines of
Ã1200 for throwing litter, Ã500 for illegal parking, and Ã16 for
possession of cannabis (which sounds like a fairly ecologically
sound tariff system); and `disregard of previous convictions',
which magistrates say prevents them from sending deserving
offenders to prison. The Lord Chief Justice echoed their
complaints that the Act was `an ill-fitting strait-jacket' in a
speech at the end of March, and home secretary Kenneth Clarke has
agreed to have another look at the Act.
The new provisions were designed as an answer to public anger
that fines appeared to be imposed without regard to defendants'
means, that magistrates were frequently punitive in their
sentencing, taking more notice of previous convictions than of
the current offence, and primarily that magistrates' court
sentencing was a complete lottery, with no consistency. They were
passed after magistrates repeatedly disregarded Home Office
circulars pleading with them not to send so many people to
prison, since there wasn't room, and to try to be more consistent
in their sentencing. Suggested guidelines were sent round, and
blithely disregarded. Now, with the paths of persuasion and
compulsion alike rejected, how will the Home Office control the
rebel magistrates? Independent 22, 29.3.93.

Statewatch vol 3 no 2 March-April 1993