Last updated: December 6th, 2012
The Sentencing Council is a useless, expensive quango. We don't need it: sentencing should be left to judges
"Today it is reported that the Sentencing Council is to reconsider the lengths of sentences given to sex offenders to make sure they are commensurate with the seriousness of particular offences. As we used to say, the punishment should fit the crime. But how are they to judge the seriousness? The Council says, “The perspective of victims is central to our considerations. We want to ensure sentences reflect everything the victim has been through.”
The Council is also determined to pay heed to “The potentially catastrophic long term effect on the victim.” Singled out for particular attention are those crimes in which the attack was filmed by the attacker or his associates."
"So there seems to be a new practice of discussing crime almost exclusively as if it concerned only the perpetrator [hardly] and the victim. The other day there was the case of a burglar let off lightly by the judge. The objections to this let-off were expressed – even by the Lord Chief Justice himself – in terms of the offensiveness of the act of burglary to the feelings of all who have been burgled. This is wrongheaded, touchy-feely. Jurisprudence should deal with consequences in law, not [alleged] psychological effects."
http://blogs.telegraph.co.uk/news/petermullen/100193114/
Showing posts with label SC. Show all posts
Showing posts with label SC. Show all posts
Thursday, 6 December 2012
The OSC Responds To The Right Honourable Lord Justice Treacy
consultations@sentencingcouncil.gsi.gov.uk
An open communication ...
"Dear Sir or Madam,
Re: Sexual Offences Guideline: Indecent images of children (although it could apply to a number of your present projects)
We do not participate in consultations, such as yours (including directly-governmental), as they are, invariably-based, on false, misleading and establishment social control methods; we will not give credence to, by participation in, such farces.
For example, in this case, the incorrect obiter dicta, in Beaney (now, essentially, superseded by Terrell), is a typical example of biased and ill-informed myth (some would say, lies), within such a consultation; for now, we stopped reading, there.
These are the 'facts of the matter', based on actual evidence and research:
*****
1 The Propositions
In this piece, I will work from a number of propositions. Of course, they are much more than that, as they are based on almost 10 years (at least) of thorough research and personal experience.
The propositions, are as follows (others may be added, as I proceed):
(1) Viewing an image, never harmed anyone (seriously or otherwise),
(2) Owning an image, never harmed anyone (seriously or otherwise),
(3) Taking of an image of someone, never harmed anyone (seriously or otherwise),
(4) Selling of an image of someone, never harmed anyone (seriously or otherwise),
(5) An image is a digital representation of an act, which may, or may not, have occurred,
As such, as a collection of dots, it is not a victim of anything; it is not even a valid proof of reality,
(6) An image is only indecent, by the perception of the viewer,
(7) Indecency does not equate to harm (seriously or otherwise), directly or indirectly.
The first stage, for anyone who wishes to challenge (or support) these propositions (or any of the response), is to provide evidence, at this email. The evidence will then be considered and incorporated, if relevant (and credited, as such).
http://therealosc.blogspot.co.uk/2012/06/making-every-child-matter-everywhere.html
*****
Feel free to email me, here, if you have ***any*** evidence, to the contrary.
Please feel free to use this communication, if you so desire; it really does not matter to us.
We deal in evidence-based approaches, and do not hide behind populist myth, bad cases and law, and incorrect and disproportionate obiter dicta, so as to approach the truth and natural justice, and then attempt to deal with the terrible results, of their draconian outcomes.
You messed it up so very badly, last time, contributing to the death and suffering of many, many good men, and ruining thousands of lives and families; please do not do so again.
Yours,
Dr Nigel Leigh Oldfield
http://therealosc.blogspot.co.uk
http://criticalestoppel.blogspot.co.uk "
*****
Some moments later ...
*****
"Postmaster@justice.gsi.gov.uk via mail204.messagelabs.com
15:28 (20 minutes ago)
to me
Delivery has failed to these recipients or distribution lists:
consultations@sentencingcouncil.gsi.gov.uk
The recipient's e-mail address was not found in the recipient's e-mail system.
Microsoft Exchange will not try to redeliver this message for you. Please check the e-mail address and try resending this message, or provide the following diagnostic text to your system administrator.
Sent by Microsoft Exchange Server 2007 ."
*****
OK, let's try again (direct copy and paste, check no spaces etc) ...
Some moments later ...
*****
"Postmaster@justice.gsi.gov.uk via mail204.messagelabs.com
15:44 (1 minute ago)
to me
Delivery has failed to these recipients or distribution lists:
consultations@sentencingcouncil.gsi.gov.uk
The recipient's e-mail address was not found in the recipient's e-mail system.
Microsoft Exchange will not try to redeliver this message for you. Please check the e-mail address and try resending this message, or provide the following diagnostic text to your system administrator.
Sent by Microsoft Exchange Server 2007 "
*****
Reported to info@sentencingcouncil.gsi.gov.uk
Email is, consultation@sentencingcouncil.gsi.gov.uk, apparently
Email sent and received.
The OSC
An open communication ...
"Dear Sir or Madam,
Re: Sexual Offences Guideline: Indecent images of children (although it could apply to a number of your present projects)
We do not participate in consultations, such as yours (including directly-governmental), as they are, invariably-based, on false, misleading and establishment social control methods; we will not give credence to, by participation in, such farces.
For example, in this case, the incorrect obiter dicta, in Beaney (now, essentially, superseded by Terrell), is a typical example of biased and ill-informed myth (some would say, lies), within such a consultation; for now, we stopped reading, there.
These are the 'facts of the matter', based on actual evidence and research:
*****
1 The Propositions
In this piece, I will work from a number of propositions. Of course, they are much more than that, as they are based on almost 10 years (at least) of thorough research and personal experience.
The propositions, are as follows (others may be added, as I proceed):
(1) Viewing an image, never harmed anyone (seriously or otherwise),
(2) Owning an image, never harmed anyone (seriously or otherwise),
(3) Taking of an image of someone, never harmed anyone (seriously or otherwise),
(4) Selling of an image of someone, never harmed anyone (seriously or otherwise),
(5) An image is a digital representation of an act, which may, or may not, have occurred,
As such, as a collection of dots, it is not a victim of anything; it is not even a valid proof of reality,
(6) An image is only indecent, by the perception of the viewer,
(7) Indecency does not equate to harm (seriously or otherwise), directly or indirectly.
The first stage, for anyone who wishes to challenge (or support) these propositions (or any of the response), is to provide evidence, at this email. The evidence will then be considered and incorporated, if relevant (and credited, as such).
http://therealosc.blogspot.co.uk/2012/06/making-every-child-matter-everywhere.html
*****
Feel free to email me, here, if you have ***any*** evidence, to the contrary.
Please feel free to use this communication, if you so desire; it really does not matter to us.
We deal in evidence-based approaches, and do not hide behind populist myth, bad cases and law, and incorrect and disproportionate obiter dicta, so as to approach the truth and natural justice, and then attempt to deal with the terrible results, of their draconian outcomes.
You messed it up so very badly, last time, contributing to the death and suffering of many, many good men, and ruining thousands of lives and families; please do not do so again.
Yours,
Dr Nigel Leigh Oldfield
http://therealosc.blogspot.co.uk
http://criticalestoppel.blogspot.co.uk "
*****
Some moments later ...
*****
"Postmaster@justice.gsi.gov.uk via mail204.messagelabs.com
15:28 (20 minutes ago)
to me
Delivery has failed to these recipients or distribution lists:
consultations@sentencingcouncil.gsi.gov.uk
The recipient's e-mail address was not found in the recipient's e-mail system.
Microsoft Exchange will not try to redeliver this message for you. Please check the e-mail address and try resending this message, or provide the following diagnostic text to your system administrator.
Sent by Microsoft Exchange Server 2007 ."
*****
OK, let's try again (direct copy and paste, check no spaces etc) ...
Some moments later ...
*****
"Postmaster@justice.gsi.gov.uk via mail204.messagelabs.com
15:44 (1 minute ago)
to me
Delivery has failed to these recipients or distribution lists:
consultations@sentencingcouncil.gsi.gov.uk
The recipient's e-mail address was not found in the recipient's e-mail system.
Microsoft Exchange will not try to redeliver this message for you. Please check the e-mail address and try resending this message, or provide the following diagnostic text to your system administrator.
Sent by Microsoft Exchange Server 2007 "
*****
Reported to info@sentencingcouncil.gsi.gov.uk
Email is, consultation@sentencingcouncil.gsi.gov.uk, apparently
Email sent and received.
The OSC
Because IPPs and Life Are Just Not Enough
8:14am UK, Thursday 06 December 2012
Sex Offences: Tougher Sentences To Be Imposed
"Judges will be urged to consider the damage caused to victims of sex offences under tougher sentencing guidelines.
Judges will be urged to consider the psychological and long-term damage [alleged] to victims of sex offences [them being doctors, and all] when passing sentence on perpetrators under new sentencing guidelines.
The new proposals, which will go out to public consultation, will also ensure the judiciary takes into account other aggravating factors, such as filming or photographing sex attacks.
They would see sentences brought up to date with advances in the technology and tactics used by offenders."
http://news.sky.com/story/1021322/sex-offences-tougher-sentences-to-be-imposed
Tougher sex offence sentences proposed
http://www.bbc.co.uk/news/uk-20619590
No let-off for perverts [offensive and inflammatory]: Tougher sentencing guidelines will see paedophiles [sic] locked up for longer
http://www.mirror.co.uk/news/uk-news/tougher-sentencing-guidelines-will-see-paedophiles-1475526
'One-off' rapists could be given up to 19 years
http://www.itv.com/news/update/2012-12-06/tougher-sentences-would-see-sex-offenders-locked-up-for-longer/
Bid to update sex attack sentencing
http://www.belfasttelegraph.co.uk/news/local-national/uk/bid-to-update-sex-attack-sentencing-16246991.html
Bid to update sex attack sentencing
http://www.itn.co.uk/UK/63333/bid-to-update-sex-attack-sentencing
http://www.yorkpress.co.uk/news/national/news/10090935._/
Bid to update sentencing for sex attacks
http://www.thisisdorset.co.uk/story-17515346-detail/story.html
http://www.crosbyherald.co.uk/news/crosby-breaking-news/2012/12/06/68459-32372661/
Tougher sex offence sentences proposed
http://www.policeprofessional.com/news.aspx?id=15580
Sex attackers who film victims 'face tougher sentences'
http://www.telegraph.co.uk/women/womens-politics/9726316/Sex-attackers-who-film-victims-face-tougher-sentences.html
Tougher sex attack sentencing guidelines proposed
http://www.independent.co.uk/news/uk/crime/tougher-sex-attack-sentencing-guidelines-proposed-8388958.html
Sex offence sentencing guidelines call for update
http://www.channel4.com/news/sex-offence-sentencing-guidelines-call-for-update
Tougher sentences for child sex gangs who groom girls in care
http://www.telegraph.co.uk/news/uknews/law-and-order/9724068/Tougher-sentences-for-child-sex-gangs-who-groom-girls-in-care.html
I welcome this consultation on changes to sentences for serious sexual offences - Khan
http://www.labour.org.uk/welcome-consultation-on-sentences--for-serious-sexual-offences,2012-12-06?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+LabourPartyNews+%28The+Labour+Party+-+Latest+news%29
Sex crime sentences ‘should be increased’
http://metro.co.uk/2012/12/06/sex-crime-sentences-should-be-increased-3304031/
Judges urged to take into account impact of sex attacks in new guidelines
http://www.dailypost.co.uk/news/north-wales-news/2012/12/05/55578-32368356/
Jail sex offenders for longer, proposes review of sentencing guidelines
http://www.guardian.co.uk/society/2012/dec/06/jail-sex-offenders-longer-sentencing-guidelines
New guidelines urge tougher sex offence sentences
http://www.itv.com/news/update/2012-12-06/tougher-sex-offence-sentences-urged/
Sentencing Council consults the public:that means YOU!
http://tomocarroll.wordpress.com/2012/12/07/sentencing-council-consults-the-publicthat-means-you/
*****
Public given 14 weeks to respond to recommendations
http://www.itv.com/news/update/2012-12-06/public-given-14-weeks-to-respond-to-recommendations/
New proposals give greater focus to impact of sex offences on victims
http://sentencingcouncil.judiciary.gov.uk/media/858.htm
Sentencing for sexual offences – consultation launched
http://sentencingcouncil.judiciary.gov.uk/consultations-current.htm
Introduction to sexual offences guidelines consultation
http://www.youtube.com/watch?feature=player_embedded&v=H-UZFP8RnLM
*****
Child pics pervert [offensive and inflammatory] MM is freed [sic] by judge softy [sic]
http://www.thesun.co.uk/sol/homepage/news/4869580/judge-frees-child-pics-pervert.html
Sex Offences: Tougher Sentences To Be Imposed
"Judges will be urged to consider the damage caused to victims of sex offences under tougher sentencing guidelines.
Judges will be urged to consider the psychological and long-term damage [alleged] to victims of sex offences [them being doctors, and all] when passing sentence on perpetrators under new sentencing guidelines.
The new proposals, which will go out to public consultation, will also ensure the judiciary takes into account other aggravating factors, such as filming or photographing sex attacks.
They would see sentences brought up to date with advances in the technology and tactics used by offenders."
http://news.sky.com/story/1021322/sex-offences-tougher-sentences-to-be-imposed
Tougher sex offence sentences proposed
http://www.bbc.co.uk/news/uk-20619590
No let-off for perverts [offensive and inflammatory]: Tougher sentencing guidelines will see paedophiles [sic] locked up for longer
http://www.mirror.co.uk/news/uk-news/tougher-sentencing-guidelines-will-see-paedophiles-1475526
'One-off' rapists could be given up to 19 years
http://www.itv.com/news/update/2012-12-06/tougher-sentences-would-see-sex-offenders-locked-up-for-longer/
Bid to update sex attack sentencing
http://www.belfasttelegraph.co.uk/news/local-national/uk/bid-to-update-sex-attack-sentencing-16246991.html
Bid to update sex attack sentencing
http://www.itn.co.uk/UK/63333/bid-to-update-sex-attack-sentencing
http://www.yorkpress.co.uk/news/national/news/10090935._/
Bid to update sentencing for sex attacks
http://www.thisisdorset.co.uk/story-17515346-detail/story.html
http://www.crosbyherald.co.uk/news/crosby-breaking-news/2012/12/06/68459-32372661/
Tougher sex offence sentences proposed
http://www.policeprofessional.com/news.aspx?id=15580
Sex attackers who film victims 'face tougher sentences'
http://www.telegraph.co.uk/women/womens-politics/9726316/Sex-attackers-who-film-victims-face-tougher-sentences.html
Tougher sex attack sentencing guidelines proposed
http://www.independent.co.uk/news/uk/crime/tougher-sex-attack-sentencing-guidelines-proposed-8388958.html
Sex offence sentencing guidelines call for update
http://www.channel4.com/news/sex-offence-sentencing-guidelines-call-for-update
Tougher sentences for child sex gangs who groom girls in care
http://www.telegraph.co.uk/news/uknews/law-and-order/9724068/Tougher-sentences-for-child-sex-gangs-who-groom-girls-in-care.html
I welcome this consultation on changes to sentences for serious sexual offences - Khan
http://www.labour.org.uk/welcome-consultation-on-sentences--for-serious-sexual-offences,2012-12-06?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+LabourPartyNews+%28The+Labour+Party+-+Latest+news%29
Sex crime sentences ‘should be increased’
http://metro.co.uk/2012/12/06/sex-crime-sentences-should-be-increased-3304031/
Judges urged to take into account impact of sex attacks in new guidelines
http://www.dailypost.co.uk/news/north-wales-news/2012/12/05/55578-32368356/
Jail sex offenders for longer, proposes review of sentencing guidelines
http://www.guardian.co.uk/society/2012/dec/06/jail-sex-offenders-longer-sentencing-guidelines
New guidelines urge tougher sex offence sentences
http://www.itv.com/news/update/2012-12-06/tougher-sex-offence-sentences-urged/
Sentencing Council consults the public:that means YOU!
http://tomocarroll.wordpress.com/2012/12/07/sentencing-council-consults-the-publicthat-means-you/
*****
Public given 14 weeks to respond to recommendations
http://www.itv.com/news/update/2012-12-06/public-given-14-weeks-to-respond-to-recommendations/
New proposals give greater focus to impact of sex offences on victims
http://sentencingcouncil.judiciary.gov.uk/media/858.htm
Sentencing for sexual offences – consultation launched
http://sentencingcouncil.judiciary.gov.uk/consultations-current.htm
Introduction to sexual offences guidelines consultation
http://www.youtube.com/watch?feature=player_embedded&v=H-UZFP8RnLM
*****
Child pics pervert [offensive and inflammatory] MM is freed [sic] by judge softy [sic]
http://www.thesun.co.uk/sol/homepage/news/4869580/judge-frees-child-pics-pervert.html
At First, This Seems A Massive Victory ...
PUBLISHED: 00:33, 6 December 2012 | UPDATED: 07:56, 6 December 2012
Paedophiles [sic] who trade child porn [sic] will not be sent to prison: New sentencing laws suggest community punishments
"The Sentencing Council suggested 'high level community orders' for those convicted of trading or possessing child pornography [sic]
The current benchmark jail sentence for those with a small number of images is three months
Only those with pictures of children posing alone or small quantities of images of children engaged in sex acts, but not with adults are not jailed
Criminologist Dr David Green said it was 'sending the wrong message' [Move on, David, we have]"
http://www.dailymail.co.uk/news/article-2243739/New-sentencing-laws-suggest-community-punishments-paedophiles.html#ixzz2EH3go2RW
New proposals give greater focus to impact of sex offences on victims
http://sentencingcouncil.judiciary.gov.uk/media/858.htm
Sexual Offences Guideline: Indecent images of children
https://consult.justice.gov.uk/sentencing-council/indecent-images-children
Indecent images of children, 146.1 kB (PDF document)
https://consult.justice.gov.uk/sentencing-council/indecent-images-children/supporting_documents/sexual%20offences_Indecent%20images%20of%20children.pdf
Guidelines_Indecent images of children, 98.2 kB (PDF document)
https://consult.justice.gov.uk/sentencing-council/indecent-images-children/supporting_documents/Guidelines_Indecent%20images%20of%20children.pdf
*****
Comment:
... but, until the draconian and, we argue, illegally-applied, SOPOs are abolished, one can sometimes wonder which is the worse outcome.
*****
Paedophiles [sic] who trade child porn [sic] will not be sent to prison: New sentencing laws suggest community punishments
"The Sentencing Council suggested 'high level community orders' for those convicted of trading or possessing child pornography [sic]
The current benchmark jail sentence for those with a small number of images is three months
Only those with pictures of children posing alone or small quantities of images of children engaged in sex acts, but not with adults are not jailed
Criminologist Dr David Green said it was 'sending the wrong message' [Move on, David, we have]"
http://www.dailymail.co.uk/news/article-2243739/New-sentencing-laws-suggest-community-punishments-paedophiles.html#ixzz2EH3go2RW
New proposals give greater focus to impact of sex offences on victims
http://sentencingcouncil.judiciary.gov.uk/media/858.htm
Sexual Offences Guideline: Indecent images of children
https://consult.justice.gov.uk/sentencing-council/indecent-images-children
Indecent images of children, 146.1 kB (PDF document)
https://consult.justice.gov.uk/sentencing-council/indecent-images-children/supporting_documents/sexual%20offences_Indecent%20images%20of%20children.pdf
Guidelines_Indecent images of children, 98.2 kB (PDF document)
https://consult.justice.gov.uk/sentencing-council/indecent-images-children/supporting_documents/Guidelines_Indecent%20images%20of%20children.pdf
*****
Comment:
... but, until the draconian and, we argue, illegally-applied, SOPOs are abolished, one can sometimes wonder which is the worse outcome.
*****
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