Wednesday 30 June 2010

When is a Conviction, not a conviction?

Came across this story on the BBC it regards a woman who received an ASBO for having Sex too loud, The story first came to my attention last year when the lady, Caroline Cartwright was convicted of breaching her ASBO.

Obviously this case has gained attention due to the seemingly comical nature of their activity at the time of the offence; I do think however that further investigation of the case shows a much less amusing picture of our society. The act that was causing the act is really not important to the case (and in fact the offences also include playing music too loud, but this doesn’t make as good a headline.) but the noise must have been quite extreme as complaints were not just received from neighbours but also a Postman and a passer by taking her daughter to school, so clearly there must have been some volume to it.

However this is when the case becomes truly farcical, Due to the complaints she was issued with a Noise Abetment Notice, this notice basically states that if you do not cease your actions you are liable to prosecution; this however did not have any effect on the couple as there were 5 breaches of this notice which resulted in her receiving an ASBO, basically stating that if she continues in her actions she will face prison. This however was again ineffectual, as in January this year she received an 8 week suspended sentence, meaning that if she commits this offence again within 12 months she will be imprisoned for 8 weeks. However she has just been back in court for the same offence, and instead of serving the sentence she has already been handed down, she has again been given a 12 week sentence again suspended for 12 months.

This is all a mockery of a justice system, for someone who I can only assume must enjoy the publicity, in fact one of her previous ASBO breaches was the evening after she received her ASBO. The words of the court recorder, Jeremy Freedman, made me laugh “This Court is giving you one last chance.” Only slightly at odds then of the words of Judge Beatrice Bolton when sentencing last January who warned her that if she “committed further offences of the same nature, she would be sent to prison.”

And we wonder why we can’t stop people committing crimes, it is because the legal system has turned itself into a whimpering pussy cat where there are no consequences for your actions.

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