That this
House regrets that the Prosecution of Offences Act 1985 (Criminal Courts
Charge) Regulations 2015 undermine the principle of judicial discretion, and
add an artificial inducement to plead guilty; and further regrets that the
Regulations were laid at a
time that severely limited Parliamentary oversight, as well as making claims
for savings that cannot be substantiated.
The debate may be read in Hansard (commencing 7.19pm) and it has been reported by The Indpendent 15th October
It is now to be hoped
that the Ministry of Justice will at least suspend this charge and undertake a through review. This seems to be a preferable course to tinkering with the present regulations.
that the Ministry of Justice will at least suspend this charge and undertake a through review. This seems to be a preferable course to tinkering with the present regulations.
For details of the charge please see this previous post.
The former Lord Chief Justice Lord Woolf of Barnes said:
"I suggest
that this House should regard justice in the magistrates’ courts as every bit
as important as every other court in the land. It is a total disgrace that we
should put on to the statute book provisions that have the consequence that
magistrates are so appalled about what they are required to do that they feel
it necessary to resign"
"It is all
too easy to chip away at the proud record we have in this country of doing
justice regardless of the individual involved. By a little nibble here, and a little
nibble there, and sometimes a bite—and this is not a nibble; it is a big bite—real
damage is done to the reputation of justice in this country. I urge the
Minister to look at this urgently, because it will do real harm, and I hope it
will be realised that in haste something was done that should not have been"
Excellent article.Adelaide Criminal Lawyers
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