#fakelaw alert. The Conservatives call for the doubling of “prison sentences for thugs who assault emergency workers” because the maximum sentence is currently 12 months. That isn’t true. Let’s see why (a thread) 1/5 dailyrecord.co.uk/news/politics/…
Assaults on police officers, firefighters and paramedics are rightly viewed by Sheriffs and Judges as serious offences. Just look at this recent example where a 2-year prison sentence was imposed for such an attack dailyrecord.co.uk/news/local-new… 2/5
Offences under the Emergency Workers (Scotland) Act 2005 have a maximum prison sentence of 12 months, but serious assaults on emergency workers are common law offences and are prosecuted on indictment with maximum sentences of much more than that. 3/5
An assault cannot be committed accidently, recklessly or negligently. Harm has to be intended. So the 2005 Act covers more than just assaults. It also criminalises obstructing or hindering emergency workers (sections 1 and 2). 4/5
The Tory 'plan' focuses on assault on emergency workers. Not those who hinder or obstruct them without intending harm. This change would make no difference other than to build the narrative that @douglas4moray is ‘tough on crime’. He hopes you won’t notice the #fakelaw 5/5
• • •
Missing some Tweet in this thread? You can try to
force a refresh
How does the SNP’s plan to suspend jury trials compare the suspension of jury trials in Northern Ireland during the troubles with the Diplock Courts? Jury trials were abolished there in 1973 to stop jury ‘nobbling’ and witness tampering. 1/8
After the Good Friday Agreement, the Diplock Courts were largely abolished, but DPP retains the power under s1 Justice and Security (Northern Ireland) Act 2007 to direct that trial of an accused for certain offences to be by a judge sitting without a jury 2/8
As the European Commission of Human Rights observed in X and Y v Ireland (Application No 8299/78) (1980) 22 DR 51 , para 19, "… article 6 does not specify trial by jury as one of the elements of a fair hearing in the determination of a criminal charge". 3/8