The long arm of the law is getting longer and needs to be amputated!
It has been widely reported in the last couple of days (see, inter alia, here and here) that the Government wants to abolish Police cautions and instead allow the Police to fine people directly for most minor offences.
Like many others I see this summary justice as an erosion of our liberties and another move towards a police state.
Just because, according to the Police Inspectorate, around a third of cautions are issued incorrectly doesn’t mean they should be replaced with a more draconian measure. If anything it suggests the scheme doesn’t work and should be abolished. Yes, I dislike the notion of Police cautions as a piece of instant justice as much as I do summary fines.
A Police caution still gives the offender a criminal record. However the person concerned has had no opportunity to have their side of the case properly heard, in court, as the Police are acting as prosecutor and either magistrate or judge and jury. This to me is an infringement of the justice system which is based on the principle that everyone has the right to be heard in court by their peers (either in the persons of magistrates or a jury).
And allowing the Police even greater powers to fine offenders makes that far far worse.
We know why the government want to do it. They see Police cautions as a “soft option”, which it isn’t as it gives the offender a criminal record. Moreover it will probably save money which would otherwise have to be spent on the magistrates’ courts (already severely cut back) and will likely bring in extra revenue — in the way speed cameras and parking wardens have done.
But it means that many people will accept the caution or fine — often when they shouldn’t — because they don’t want to have to go to court for whatever reason; possibly because the Police have used scare tactics on them.
Out of court disposals (by which I understand cautions and the proposed fines) are incredibly problematic in terms of giving someone a criminal record without any form of legal procedure or check and balance. Both summary fines and cautions should, in my mind, be abolished: either the offence is serious enough to put the suspect before a magistrate or it isn’t.
Instant justice like this cannot be a good thing in a democratic, supposedly free, country. It all smacks too much of the Police state!