Friday 26 August 2011

4 years for incitement

In the aftermath of the England riots, British courts have been handing out tough custodial sentences to the rioters.  Two men were jailed for four years for inciting riots (albeit to no avail) on Facebook.  Offences that were committed during the riots, under normal circumstances, would only warrant community service orders.

The courts have got this wrong.  In the interests of justice, they need to be consistent with their sentencing.  Although I do not disapprove of harsher sentencing per se, I disapprove of harsher sentencing as a knee-jerk reaction to public anger.  The rule of law must be upheld - it must be applied equally and fairly.  Thus, the punishment should be the same for every person regardless of when the crime was committed.  Just because the offence was committed during the riots does not warrant a harsher sentence than if it were not.

There is a public appetite for harsher sentences - but there is also a public appetite for fairness and consistency.  The courts must heed this duty.

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