a) Drugs: The domestic criminal element of the current drugs use problem to be tackled in parallel with the foregoing controlled supply project.

Trading in any class of drug would remain a criminal offence subject to severe discretionary penalties - not necessarily custodial. There is no advantage in incarcerating a small time user for simply selling a few shots to finance his own habit. It's the "mister Bigs" that need to be curtailed who are in the business solely to make big, easy money.

The solution; if upon the conviction of a Drug Dealer there is no evidence of a legitimate source of income, the courts shall be required to presume that all of the convicted's assets; property; bank deposits; cars; clothes; furniture; etc. are all proceeds of crime, and everything shall be confiscated. The criminal to be left with nothing more than one change of clothing.

If there was no aggravating criminal act; robbery or violence, there would be no additional prison sentence. There is no advantage in sending another user/pusher into jail where he could likely cause more trouble. There is an advantage to leave him at large where his movements would be tracked in the very likely prospect that he would lead the police to his associates/accomplices. He/she would also be a stark visible example for all other drug criminals to contemplate on the consequences of their criminality.

If the criminal was not a British subject then he/she shall be deported following confiscation.

If there were an additional criminal act then that would earn a prison sentence over and above confiscation.

b) General: The same general principle of confiscation to be applied to any other crime, eg. Burglary; Fraud; etc. but, additionally, there shall be a First Priority Demand on the criminal's assets, ie. full restitution of the victim by either return of all stolen property or its money value plus an additional sum for associated distress suffered. Further, convicted criminals shall be required to pay the full costs of the police (and support services) investigation.

The carrying of an offensive weapon in public is currently and rightly a criminal offence; penalty say4 years. This crime/penalty should be compounded; (a) if actually threaten the use of said weapon: penalty doubled, to actually using said weapon in the furtherance of an offence: penalty tripled, ie.12 years over and above the sentence for the crime committed; burglary; mugging, etc. After all there are two separate crimes here. The original knife crime of possesion plus the perpetration of the actualcriminal act. The aggregate sentences to run consecutively.

c) Juvenile Crime/Parental Responsibility:

On the basis that parents have an enduring responsibility for their children, at least until they are legally of full age ie 17, in the event an under age child commits an offence then the parents (even absentees) should be jointly charged along with the child; and subject to consequential criminal penalties for their failure to control, even if they played no direct part in the crime in question.

It is known that some children/juveniles these days are so out of control that they do in fact intimidate their parents. In such circumstance it shall be a defence against parallel culpability if the parent advises "the authorities" that the kid is defiant of parental authority, eg. continues to carry a knife when told not to.

The range of these consequential penalties would be Court/Judge discretionary but very wide ranging, from admonition to exemplary or penal. For example, if a criminal father acquiesced or aided a child in a criminal endeavour then said father would be sentenced, in addition to the child's sentence, and even perhaps far more severely if he had encouraged or abetted the child.

The FDP would be tough on crime. But they will not send old ladies to prison for protesting about the extortionate "Poll Tax."

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Last Updated (Friday, 14 May 2010 11:10)

 
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