Do Judges Sentence Paedophiles Ultra Vires?
Posted: Monday, November 08, 2010
by Jill Lennon
Ultra Vires, of or referring to an action taken within an organisation's or persons scope of authority, (conferred by a statute or a constitution or vesting document)
The Ministry Of Justice sets out the guidelines for judges and magistrates to follow, so , ' if a defendant in a court case is found guilty of a crime the judge or magistrate will decide on a suitable sentence,' hence a sentence Ultra Vires, within the powers of the stipulated guidelines.
Having looked at the Ministry Of Justice web site, they tell us that 'a sentence needs to protect the public, punish the offender fairly, encourage them to make amends for their crime and contribute to stop reoffending and cutting crime.' It is further explained, 'Prison is the right place to punish the most serious, persistent and violent offenders and ensure the public are protected from them. We will always provide enough places for such people.'
Personally, I find the statement to be fair and true but I do not feel it is being put into practice a vast majority of the time.
For instance there are currently 137 prisons in England and Wales yet we are constantly reminded they are are overcrowded.
This is a problem that dates back to 1864 when MP Sir Stephen Cave warned parliment that "The prisoners were, in fact discharged before their time because the gaols were overcrowded." In 1952 Lord Simmonds announced "there was some talk about overcrowding of prisons. I think I ought to tell your Lordships that so far as that is concerned, it is true, disastrously true." So here we are again with exactly the same problem!
Policing and Criminal Justice Minister, Nick Herbert set out the plans to reform prisons and reduce prison population by reducing re -offending. It is said that he has spoken to Lawyers, Prison and Probation Representitives about the value of community sentences and rehabilitation.
I believe this is ideal for first time or petty crime offenders but in no way a sound plan for re-offenders to be considered safe in the community. These re-offenders should not be released until they have fulfilled the requirements of the rehabilitation plan, and then be released tagged and on probation for at least a year.
Paedophiles are re-offenders who cannot be rehabilitated. We Know that. The Government knows that, Judges know that. The Government is responsible as stated in the Ministry of Justice statement to 'protect the public from re-offenders.'
Why then in God's name are we releasing re-offending incurable paedophiles into society knowing they are going to re-offend? The Government is entirely responsible for the next child abused the minute a paedophile steps out the prison door! The Government can dress it up as much as they want on constitutional rights, one minute Paedophiles are criminal, then they have a mental disorder. This does not comply with the Justice Of Ministry's statement to protect. Paedophiles are free to do as the choose because history shows the punishment is in general 'a walk in the park'. No example is set, no penal justice strong enough and so a stretch in prison is nothing. Todays technology allows them even more freedom to prey undetected. How many children will suffer before they are caught.? One is too many!
Here is an example of how we treat hospitalised Paedophiles and Killers. Broadmoor Hospital over four days will be offering three course meals for Christmas. Patients will have parties. One newspaper quotes 'Nurses in festive hats will serve a sumptuous traditional turkey lunch – washed down with shandy. There will also be veggie and halal options. After games like charades, a cold buffet of sausage rolls, salad, chicken drumsticks and cake will be laid out.
Read more: http://www.thesun.co.uk/sol/homepage/news/article613086.ece#mySunComments#ixzz14gd8oOdw
What is wrong with this? All of it. While these Paedophiles enjoy all this fun over four days, the children and families of victims will only know pain and suffering.
The Government vision for supporting Victims and Witnesses on 22nd October 2010 quotes Justice Minister, Crispin Blunt, "Rehabilitating will reduce the number of future victims; and caring for victims reduces the harm to individuals and society that results from crime."
The Victims' Commissioner for England and Wales, Louise Casey. is there to understand the criminal justice system from a victims point of view and try to help improve the services and support for them. Evidence shows that this is rarely the case. I know from personal experience victims receive counseling maybe once a week (which I had to pay for.) Victims hear that convicted paedophiles are released early and know they will re-offend. Quite rightly they are scared. The feeling of being a victim returns. Fear returns, flashbacks, sleepless nights. The Government again fails to uphold their own constitution to provide for victims.
The Wolvercote Clinic,the only paedophile treatment centre in Britian closed this year, this means twelve paedophiles will return to their predatory haunts to abuse again before their treatment was complete. One paedophile said " if the process is not complete there is a chance I could offend and that will be another child abused." Personally I find this scandalous and leave the blame at the Governments door.
Judges have the power, Ultra Vires, and they are not using it. I have written to the Ministry Of Justice under the freedom of information Act requesting information on the guidelines for convicting paedophiles, I will share the response when I receive it. The statement "we will always provide such places for people like this," is undeniably an untruth.
I leave readers with this statement from Professor Maden from the Broadmoor Hospital, "Self deception is practically universal in sex offenders."
Jill is 46, Irish, living in Brighton since she was 16. Jill set up the first ever internet based self help group as a registered charity in the UK. The group is there to support survivors of child abuse. Jill is currently writing her bio titled - Devoid Of A Moral Compass. The book is centered on who she is now and what she has been through being brought up in an Irish Catholic family with the secrecy of child abuse. Jill Loves to write and welcomes your comments.
Jill Lennon
SearchWarp.com
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Jill Lennon
SearchWarp.com
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More commentsHi Jill - I must admit that regarding these issues I am not very educated and your article has really enlightened me - you write, "Why then in God's name are we releasing re-offending incurable paedophiles into society knowing they are going to re-offend?" and so it is and I wonder when the true victims will be protected within our society? Thanks so much for this great article!Amen Judi. Only we cnn make that happen, not sure how, but I will die trying. Thanks so much for your comments, much appreciated.
Jill
I believe in many European countries, countries around the world, nowadays the real issue is, that judges who do have the courage to step up and sentence this people, have to fear of being threaten by organizations, interest groups and you name it.It mirrors the picture of politicians, organizations and the society, which have chosen to be softer on crime.It’s a kind of double moral which is practiced and doesn’t solve the real issue. This people who are committing this crime are having obviously an illness, which is very difficult to cure. It means they have to be put away and the facilities, logistics have to be provided by the taxpayer.Because of the current world economical situation, the imbalance of the financial situation in many countries, politicians have to decide where money has to be shortened.It’s no secret that certain politicians, organization and groups use their influence, to ride this soft wave on crime and are cutting the budget to maintain the current facilities, to build the urgent needed facilities plus the necessary logistics.Walter, you are of course quite right. Currency decides everything, even the fate of our future generations being abused by paedophiles. We need to take a stance on the seriousness of this issue, research padephilia and find an answer to thier behaviour. I personally write these articles to highlight the fact that nothing of consequence is being done.
Jill
What a sad state of affairs, Jill! I wonder if there is a government anywhere in the world that truly protects its citizens anymore? Thanks for writing about this. ~mogama~Mogama, the USA have probaly made the best effort with the Coalinga Project. Thank you for your comments. Jill
Interesting article, and an enlightening read. Thank you for sharing your expertise on the topic.Many thanks for your comments, they are appreciatiatted, moreover to thank you for taking the time to read. Jill
Hi Jill.I'd have to say it's about the same here in the US. Though I don't think their Thanksgiving meals will be quite that lavish. Still, imprisonment doesn't really rehabilitate and many criminals are released before their time is up due to overcrowding. Not that staying in will do them any good, though.Change won't happen unless the public is away that change is necessary. So keep up the good work and keep getting the word out.Hugs, DianneDianne if you follow the link on the article you can see the menu they have for xmas, and I can tell you that my dinner will not be so lavish even for one day and I work 45 hours a week. As you said, it is society that needs to change so I will keep on trying, thank you for your kind comments, they nmean a lot to me. Jill
Very important subject you have dealt here Jill...Keep writing ....Thank you Chiradeep, It is importent to the very core of me and for all those out there that we don't even know about yet, it breaks my heart, the scale of help is undeniable scarce. Many thanks for taking the time to read. Jill
I'm not sure that the treatment given even works. It seems that things get worse, not better, with time.Nothing is shown to work at the moment which is why I am concerned. I dont want to imprison them, lock them up and throw away the key. We should accept there is no cure until the government invest in finding it. We should take precautions instead of lynching them and sending them underground. Many thanks Jill
Well said Jill.Thank you for reading Brianna, I always value your comments. Jill
Excellent article and something that definitely needs to be addressed. Thanks for sharing with your readers!Many thanks for taking the time to read Marijo. It is great that people like yourself can see how vital is that someone starts talking about it and if there are others I would love them to get back to me. Jill
Excellent article Jill. One thing that might help is if we weren't so committed to putting everybody in which we simply disagree, such as non violent offenders like drug users and solicitors of prostitution for example, that fill our prisons. You can imagine the problem if we imprisoned alcohol and tobacco users how much more magnified this problem would be. We can only build so many prisons and incarcerate so many people, so we must choose which ones we need to segregate the most, and unfortunately too many violent offenders are the ones benefiting from our poor choices.David, Indeed you are right. I need for people to hear me and comments I get from readers. If enough people take on board what I am trying to say. I can't be the only one that thinks the way I do. I am learning since I have been on Searchwarp that I don't always say how I mean correctly, one day I will be better.Reaching the mass is very important to me and then we can take action to make a difference. Thank you David, Jill
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