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Ben Stokes charged with affray



BensGrandad

New member
Jul 13, 2003
72,015
Haywards Heath
Magistrates and judges have to abide by sentencing guidelines issued by the Sentencing Council. They are designed to provide consistency of sentencing and work fairly well. They define the Starting Point for any offence and for Affray it's custody. That's not to say, though, that the custody cannot be suspended and some requirements imposed such as unpaid work or alcohol/drug treatment.
My gut feeling is that Stokes, if pleading (or found) guilty, will get a suspended sentence with a couple of hundred hours of unpaid work.

As to prison overcrowding, in my opinion, a lot of it is down to drugs and until we, as a society, have a sensible discussion about drugs and include decriminalising as part of the discussion, then we will continue to send addicts to prison for petty crimes committed to feed a habit; I've personally (with a heavy heart but no choice) had to send someone down for shoplifting to feed a habit when really what was needed was treatment to address the addiction.

Do you not think that the starting sentence should be a substantial fine and then added to by the severity of the offense increasing rather than the other way, going downwards with mitigation.
 




Surf's Up

Well-known member
Jul 17, 2011
10,435
Here
The book will be thrown because of who he is, not what he's done...it's they way British justice works.
 






happypig

Staring at the rude boys
May 23, 2009
8,171
Eastbourne
Do you not think that the starting sentence should be a substantial fine and then added to by the severity of the offense increasing rather than the other way, going downwards with mitigation.

No. I think the way it currently works is right.

The book will be thrown because of who he is, not what he's done...it's they way British justice works.

Sentencing guidelines are there to prevent exactly this. It doesn't matter whether you're famous or not, you should receive broadly the same penalty as anyone else convicted under similar circumstances.
 








Dave the OAP

Well-known member
Jul 5, 2003
46,761
at home
When I was a magistrate I dealt with several cases of Affray and ABH. As far as I can remember none received a fine.
Maybe you are referring to cases prior to 1986 when the offence was changed upon the introduction of the Public Order Act ?

Did you pass sentence as death by hanging and put on your little black cap, just for levity?
 




Dave the OAP

Well-known member
Jul 5, 2003
46,761
at home
I should be a magistrate

So should I. I would clear this country of everyone but true born English and voted for UKIP and brexit, and whose ethnicity could be traced back to either vikings or Anglo saxons...everyone else would be deported to Australia.
 




















CHAPPERS

DISCO SPENG
Jul 5, 2003
45,092
How weird, banned from the Ashes before being charged with anything, now charged he is immediately cleared to play again?

Most bizzarre!

Looks like it's going to drag and drag as he appeals, hence they can't justify possibly putting a stop to his career at a critical time.
 


Thunder Bolt

Silly old bat
How weird, banned from the Ashes before being charged with anything, now charged he is immediately cleared to play again?

Most bizzarre!

He went to New Zealand to play, before being charged, so travelling wasn't the problem.
 






Gazz15

New member
May 13, 2014
518
Newhaven
I can see that logic, but it does seem a bit nonsensical to ban him (presumably) in case he is charged, and then when he IS charged, let him play.

Absolutely!

I smell an Australian plot somewhere in all this, maybe in our Police service or at Lords HQ even?

It makes ZERO sense to leave someone out of The Ashes FFS when not charged, but re-instated after The Ashes knowing the individual is now charged?
 


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