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Old 03-30-2006, 05:18 AM
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Originally Posted by gaddafi,Mar 30 2006, 02:05 PM
I'd like someone to explain to me why aggravated burglary does not carry a mandatory term like seven years, first offence or not
Because the law doesn't provide for one.

The law doesn't provide for one (I would assume) because the theory is that burglary, even the aggravated variety, covers a spectrum of seriousness and so it would be inappropriate to apply a blanket sentence.

If Charles Clarke gets his way, the existing legislation will be quite substantially rewritten and a lot of the discretion currently given to judges removed - more minimum and mandatory sentences.
Old 03-30-2006, 05:30 AM
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Just read an interesting short article on the Telegraph website which may be worth quoting here:

More than three-quarters of the public believe that sentences handed down by the courts are too lenient, Home Office research has found.

The British Crime Survey reveals that 76 per cent of those questioned thought Crown and magistrates' courts were too soft. Only 22 per cent said they believed sentences were "about right".

However, the research also showed that people polled tended to underestimate the severity of punishments handed to criminals.

They guessed that 40 per cent of burglars aged over 21 were sent to prison when the true figure is 63 per cent. The public also estimated that 58 per cent of convicted rapists were jailed when the true figure is 98 per cent.

The research found that confidence in the criminal justice system was increasing in five of the six areas measured.

Shadow home affairs minister Edward Garnier said: "It is alarming that so many people think courts are too soft. They are doing no more than Parliament asks them to do.

"What we need from this Government is not an attack on the judiciary but policies that produce honesty and clarity in sentencing.

"The public need to know that the sentence pronounced is the sentence that will be served."
Old 03-30-2006, 05:31 AM
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Originally Posted by Lurking Lawyer,Mar 30 2006, 03:18 PM
The law doesn't provide for one (I would assume) because the theory is that burglary, even the aggravated variety, covers a spectrum of seriousness and so it would be inappropriate to apply a blanket sentence.
Then why not narrow the definitions?, or have a grading system-based on, say, unoccupied or occupied/type of property.

Manc isn't that bad-honest.

Maybe I'm hardened to it.

Whether it's the housing makeup of the city-scum next to wealthy estates-I don't know . I don't know how much it differs from other places.

We do have the biggest council estate in Europe-that can't help. To get out of it you have to drive through middle to upper class areas in every direction. Two of the top 10 wealthiest places in the county are within spitting distance.
Old 03-30-2006, 05:35 AM
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They guessed that 40 per cent of burglars aged over 21 were sent to prison when the true figure is 63 per cent.
Assuming they were caught??????

The public also estimated that 58 per cent of convicted rapists were jailed when the true figure is 98 per cent.
completely inconsistent with the question above. the word convicted is missing. FFS how can anyone think a convicted rapist would walk free

Old 03-30-2006, 05:37 AM
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I think you misunderstand, Nige! Jailed as opposed to some form of non-custodial community sentence is the distinction that's been drawn, I would guess.
Old 03-30-2006, 05:43 AM
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Originally Posted by Moggy,Mar 30 2006, 02:35 PM
FFS how can anyone think a convicted rapist would walk free


I think they must have interviewed lamposts
Old 03-30-2006, 05:44 AM
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ahh yes I see.

Still fail to see how anyone in their right mind can belive rapists don't go to prison? IMO rape is seen in society as one of the most heinous crimes.
Old 03-30-2006, 05:46 AM
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punishment is a dirty word nowadays

it's all about causes and rehabilitation

Old 03-30-2006, 06:04 AM
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Originally Posted by gaddafi,Mar 30 2006, 01:21 PM

last time I was in a Spain I saw some p*ssed English loudmouth who wouldn't leave a bar beaten senseless by two Spanish Police

top work
I cross over to Spain quite frequently and have lived there before. There are the Municipal Police and the Guradia Civil (hard ass). Let me tell you, one minute you can be giving lip to a municipal copper and the next, the Guardia civil is giving you a helluva hiding.

When they join the Guardias, they get posted to the Basque region (ETA, similar to IRA) where ETA carry out frequent bombings and stuff. Turns the Guardias into men dealing with that day in day out.

Also think about this.......you can be held on 'remand' in Spain for upto 4yrs without much physical proof as such. I know because I know a few people who've been in trouble in Spain and it was'nt pretty for them. A person whos been in a fight will be held with a rapist/murder etc...
Old 03-30-2006, 06:17 AM
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Originally Posted by Moggy,Mar 30 2006, 03:35 PM
FFS how can anyone think a convicted rapist would walk free


But according to the quote 2% must be let free


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