Are Accy Magistrates Incompetent ? - Page 2

SPUGGIE J · 07-10-2005, 14:15

Is there no formal way to complain. If so it should be done this guy could end up killing someone and the people who left him free to do so will have no comebacks.

jimmi5bellies · 07-10-2005, 14:51

I dont think there is spuggie.

pendy · 07-10-2005, 16:45

One of the problems is that magistrates are very limited in the sentences they can impose. I can't remember the exact tariff, but it may well be that six months is the maximum they can allow.

However, the only way to stop people like this is to bang them up, and make them work at something useful while they are in. If this man doesn't have a licence, you can't take it away, and he will obviously still drive anyway, licence or not. Because I can't find my previous insurance documents and therefore can't prove my no claims bonus, my insurance is over £500 for an old car. I'm 58, never had an accident I have caused, and have a clean licence. This guy probably hasn't paid that much in the last five years!

I'm with Fireman - take the number of his bike and tell the police. Then they might have a chance of getting him. He is flouting the law, so let's make sure he doesn't.

accymel · 07-10-2005, 16:48

Yeh it is a max of 6mths any longer goes to crown court, thing is magistrates arn't trained lawyers usually respected members of society they have legal assistance but their job is to be the 'reasonable man' in judging & only claim expenses.

SPUGGIE J · 07-10-2005, 17:47

Quote:

Originally Posted by accymel

Yeh it is a max of 6mths any longer goes to crown court, thing is magistrates arn't trained lawyers usually respected members of society they have legal assistance but their job is to be the 'reasonable man' in judging & only claim expenses.

How reasonable will they look if as i said earlier he rear ends some poor person and kills them. It should have gone to crown to deal with it as it looks like he is determined to carry on doing it.

Margaret Pilkington · 07-10-2005, 20:03

I don't know if this idea is workable or not, but the magistrate should have the power to confiscate the vehicle and if it is of roadworthy condition it should be sold and the proceeds put into a local 'kitty'..... to be used for the good of the community. If the vehicle is not roadworthy then it should be crushed. Either way the perpetrator would not have a vehicle......he/she should also have to pay back road tax with interest added.

Margaret Pilkington · 07-10-2005, 20:07

Oh, by the way, they were advertising for people to become magistrates very recently......there is some form of training, but I am not sure how long it is or in what depth.

So if you want to change things then maybe it is time to get some people with sane ideas onto the bench.....you do not need any qualifications to apply.

(Like Pendy, I think that the magistrates have their hands tied by tariffs for offences)

Acrylic-bob · 07-10-2005, 21:47

How much easier would it be if road tax were abolished and the relinquished revenue were raised through raising the tax on fuel? You could at a stroke remove at least one layer of civil servants and their associated pensions and red tape, save court and police time, and ensure that no one could try and "get one over" by not paying the tax. The printing involved must cost a small fortune and think of the paper that would be saved. After all, what irreplaceable function does the road fund licence fill, apart from being a receipt for a tax paid?

Gayle · 08-10-2005, 08:48

Interesting idea A-B. Although with the cost of petrol as it is at the moment I doubt that people would be happy paying more for it. Especially as some people (who drive more) would end up paying twice as much extra as they do now for their tax. Idiots like the tax-dodger mentioned are probably only risking short journeys so would hardly be paying at all.

I like the principle though. There are a number of alternatives -

1. why not get insurance companies to process road tax - that way they can collect all the money at the same time as they collect insurance premiums and then pass the money to the government. Still eliminates that layer of civil servants. Of course, the flaw is that the tax dodgers probably don't have insurance either.

2. take it from source, either from pay packets or via income tax or via poll tax

3. abolish it all together

4. three strikes and you're out prison sentences

To be honest, I don't think any of those ideas are workable either.

What does everyone else think?

fireman · 08-10-2005, 09:09

The magistrate is led by the clerk of the court, he advises the magistrate on proceedeures and penalties the magistrate is the figurehead of the court, he asks questions of the accused and eventually decides on a punishment but that is done only under the guidance of the clerk of the court who is a trained lawyer.
I was asked some years ago if I would consider becoming a magistrate but did not feel. then that I could give it the time it needs. Maybe I should consider it again.

jambutty · 08-10-2005, 12:12

There is a simple solution to the no road tax/insurance problem and it isn’t taking the offender to court nor is it searching a database at DVLA to find offenders.

Put the road tax/insurance onto the price of fuel. A vehicle cannot move without fuel unless it is rolled downhill or pushed.

The insurance would be third party thus protecting the innocent when a non-insured driver ploughs into them and if anyone wants a higher level of insurance they can buy it as extra.

Instead of the tax disc a vehicle would have to display an MOT disc obtainable from the Post Office or DVLA on production of a valid MOT certificate and driving license.

If the government will was there it could be done but since when did a government pay anything except lip service to the public.

Recipients of DLA would need to have that allowance increased to take into account that they already get a tax disc and insurance for free, or rather already paid for in the lease fee. But I’m sure that the brains of Whitehall could work that one out.

Why shouldn’t people who drive thousands of miles per year pay more road tax than someone who only does a couple of thousand per year Gayle? After all their usage of the roads and the wear and pollution they cause is greater.

If someone wants two loaves of bread he pays the price of two not one fixed price for buying bread.

Neil · 08-10-2005, 12:21

Quote:

Originally Posted by jambutty

Put the road tax/insurance onto the price of fuel.

That only catches those that buy fuel from official sources. A bloke where I work runs his diesel car on a mix of kerosene and oil. Very cheap and no duty paid. He says it runs a little lumpy but its cheap so he doesn't care.