Bench Lessons 2: Repeat Offenders

Serving as an English magistrate was frequently frustrating. For example, someone might be summonsed to court for a being ‘drunk and disorderly’, but, being on state benefits, magistrates were consistently advised not to render them any more indebted to the court than £250. So being fined £35, ordered to pay costs of £85, plus a ‘Victim Surcharge’ of £40, they might leave court owing £160, the Bench requiring five pounds per week deducted from benefits. If they returned to court before this debt was discharged, which they frequently did, the Bench would invariably be asked by its Legal Advisor to cancel previous fines and costs in order to accommodate new ones. Occasionally, someone would appear in court already owing £250, would be fined another £160, but have a previous £160 remitted. In other words, they were no worse off for having committed the new offence. And this fine was often being paid by the British taxpayer in any event.

Although Drunk and Disorderly (Criminal Justice Act, 1967) is not the most serious of offences, it is annoying for those who encounter it. The lower courts are frequently unable to impose just sentences, and effectively allow commissioners of low-level crimes to get away with it, especially when the state is subsidising them. It sometimes seems that 'low level' offenders are given license to keep offending, and their victims are required to keep on putting up with it. Thankfully, a Judge is coming to earth who will address all wrongs and infractions, little and large, one-offs and endless repeats:

Shall not the Judge of all the world do right? Gen. 18:25b, Geneva Bible