Court Records

[jedimistress]

How can I access court records to find out the sentences imposed for particular offenses?

Is the data available to the public?

[NORMANTHEDOG]

in general or just for one person.

[jake-the-peg]

If you mean the general case

You can download the "bench book" which is the guidance given to magistrates here:

http://www.jsboard.co.uk/downloads/acbb/comple te_06v2.pdf

The Sentencing guidelines website is here:

http://www.sentencing-guidelines.gov.uk/

[jedimistress]

Well the offence has only been an offence since 1st February 2007 so it would be handy to know how many people have been prosecuted and the general outcomes.

[jedimistress]

PS. This offence is only an offence in the Coty of Exeter but I have been told it will roll out to the whole country over the next couple years. Everyone must have their dogs on leads at all times or when instructed to by a warden if on private land.

[NORMANTHEDOG]

for gods sake,you will get 96 yrs and the key thrown away,get a life.

[jedimistress]

It may be a little thing to you Norman, but it's big to me.

[Buenchico]

(2-part post):

While the detailed records of court cases are not available to the public, every court has a 'register' (which is a public document) which records the 'bare bones' of each case. (e.g. "On the 4th July, 2007, Fred Bloggs was found guilty of ...... and sentenced to . . . .".

So, theoretically, you could consult the register to see what fines have been imposed. However, given that the legislation only came into force in February, and court action can't be initiated until after the 14 day period for payment of a fixed penalty of �75, it would seem likely that there have been very few court cases before yours.

Additionally, when imposing fines, magistrates take a person's disposable income into account. So, the actual fine imposed on somebody else might not be the same as you might receive.

The maximum fine is �1000. It's extremely unlikely that a court would impose a fine anywhere near to that level but, for offences which could be dealt with by a fixed penalty, magistrates normally seek to impose a fine greater than the fixed penalty (�75). Without knowing the exact circumstances (or your income) it's hard to be precise but I'd guess at a fine of roughly �100, possibly plus about �20 to �30 for court costs.

[Buenchico]

Although the law makes it an offence to fail to comply with the directions of a dog warden, it also states "an authorised officer of the Authority may only give a direction under this Order to put and keep a dog on a lead if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause annoyance or disturbance to any other person [on any land to which this Order applies] or the worrying or disturbance of any animal or bird". It would therefore appear to be a defence to show that the warden exceeded his authority because there was no reasonable likelihood of the dog causing 'nuisance', 'annoyance' or 'disturbance'.

See here:
http://www.exeter.gov.uk/index.aspx?articleid= 6292
(Click the link, after the 4th order on the list, for the relevant legislation as a Word document).

Chris

[jedimistress]

Thank you so much Buenchico.

I went to the courts during my lunch break and they said I could not access their records. So now I know I need to ask to see the "register".

I note what you say about the dog on lead on private land. This isn't the case although my dog was on private land when the warden accused her of being on the pavement.

Thanks for the fine advice. I was thinking I may have to pay something in the region of the hundreds. It is worth fighting against if the court case is only likely to add a hundred.
My income is not low for this area, but I cannot see myself getting a thousand pound fine. Fingers crossed.

I am just deciding what course of defence to use. Although she was not on the pavement, I already feel the warden would be believed over me so am looking for something more. Like the fpn states she was on land different to the street the subsequent letters have refered to.

I'm also debating wether or not to go in for my "interview under caution" or not.