A blogger from overseas (UK) The Magistrates Blog, has made some ill informed & slanderous remarks about the pub industry. (Though it was the UK pub industry, Mine Host feels a kinship with his overseas brethren)
Bar staff are well accustomed to barstool experts. Bar staff are equally well accustomed being let down by the obscenity of inadequate decisions by Magistrates, and often wonder how they would fare when confronted by the reality which the rest of us have to live in.
A posting on decisions Mine Host has been impacted by, which should have resulted in dismissal of the Magistrate will follow. Preceded by a brief correction of the ill-researched comments of Mr. Magistrate Bystander.
First, let us look at who are Magistrates:
They are recompensed with a salary many times above the national average, plus they have the benefit of the Magistrate's quarters, a 3 bedroom house set on a quarter acre. (No problem with this)
The ranks of Magistrates are drawn almost exclusively from "time served" clerks in the court office. (This is a mistake). 20 years of stagnation in the most iniative and independant thought free section of the public service produces a stale mentality, one may almost say a warped mentality.
This mentality is then given unimpeachable and unquestionable power to sentence, release, acquit, set bail, allow bail, quash convictions (or refuse to convict in the first place) without ANY requirement to explain, be called into question, or to held culpable for the consequences of their actions.
The type of person (usually male) who works in the clerks of the court office for twenty years is generally an extremely introverted and sedate individual, who is unlikely to have any sort of background in team sports, manual labour, physical violence, or any dealing with criminals/crime (except for filing typed A4 papers which refer to some actual crimes in a dry and detached manner)
The result: Magistrates have much in common with Ottoman Sultans, who after a lifetime locked in the harem then in solitary, were almost gibbering idiots when suddenly elevated to the throne and absolute power, without ever having been into, or having any concept of life beyond the walls of the harem where they were born & raised.
In short, Magistrates have never had the opportunity nor ability to accumulate any wisdom, nor are they able to conceptualise the consequences their decisions have upon the hapless populace.
Yet on pain of summary gaoling for contempt, the citizenry and the police have to unquestioningly comply with decisions pronounced by these.. er.. highnesses.
1 comment:
It's a bit rich to call my post ill-informed and slanderous, and then go on to mmake the following mistakes
Quote:-
i)First, let us look at who are Magistrates:
They are recompensed with a salary slightly above the national average, plus they have the benefit of the Magistrate's quarters, a 3 bedroom house set on a quarter acre.
fact - I am unpaid, no salary, no house.
ii)The ranks of Magistrates are drawn almost exclusively from "time served" clerks in the court office. (This is a mistake).
fact - not in Pommyland we aren't. We are citizen volunteers, al 28,000 of us.
iii)
..... then given unimpeachable and unquestionable power to sentence, release, acquit, set bail, allow bail, quash convictions (or refuse to convict in the first place) without ANY requirement to explain, be called into question, or to held culpable for the consequences of their actions.
fact - All decisions must be explained in open court and reasons given. That's the law.
iv)The type of person (usually male)
fact - the majority are women.
v)......elevated to the throne and absolute power,
fact - ever heard of the Court of Appeal?
vi)In short, Magistrates have never had the opportunity nor ability to accumulate any wisdom, nor are they able to conceptualise the consequences their decisions have upon the hapless populace.
fact- this is complete bullshit. We are experienced and mature citzens from a variety of backgounds.
And despite the abuse, you still haven't answered my point that in the Southern half of England publicans rip-off their customers and get away with it.
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