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From the letter dated 9th October 06, I quote; " The judiciary is not subject to the genera statutory duty under the provisions of the amended Race Relations
Act 1976 that outlaws race discrimination - IN ORDER TO PRESERVE ITS FUNDAMENTAL CONSTITUTIONAL INDEPENDENCE.) it goes on
further, ".. A strong and independent judiciary is essential to the rule of the law, pulbic saftey and protection of
the individual. As has always been the case and as clarified still further by the new arrangements set down in the Constitutional
Reform Act 2005: THE JUDCIARY MUST BE independent and free to make their judgments based solely on their own skills and
knowledge of the law applied tothe facts of the case. IT WOULD BE WHOLLY contrary to such an inherent democratic principle
for a judicial office holder to be influenced by outside opinion including that of another Judge.... It concluded that the DCA has is puttiong in place a sentencing advisory panels which aim to ensure that
there is a consistent approcah to sentencing ( & presumerably ) compensations in ETs by monitoring sentencing
in the courts imposed amongst the different ethinic groups....
In the proposal, the government proposes to make one general discrimination law, race,religion, dis In the proposals point 1.80,( page 48) the Government
proposes to maintain and up hold the exceptions rules, on the grounds of securing national security,maintaining parliamentary
sovereignity,independence of the Judiciary,statutory authority,legislative independence and freeedom to debate frankly,excetive
decisions,decisions of prosecutions etc and any other exceptions. HERE IS CRE's RESPONSE: http://www.cre.gov.uk/downloads/dlr_paper6.pdf, In particular to Section 19C IT WAS TEPID AND NOT COMITTAL TO THE NEED TO HAVE THE AMENDMENT FURTHER AMENDED. Stating, I quote,'THE PROHIBITION ON DISCRIMINATION IN THE EXCERCISE OF PUBLIC FUNCTIONS (SC 19B) DOES NOT APPLY
TO JUDICIAL FUNCTIONS SUCH AS SENTENCING ( AND AWARDS ACTUALLY CRE). THE EXCEPTION MAINTAINS THE INDEPENDENCE OF THE JUDICIARY
BY PREVENTING CLAIMS AGAINST INDIVIDIUAL JUDGES. CRE FURTHER STATED THAT DISCRIMINTATION BY A JUDGE WOULD GIVE GROUNDS FOR AN APPEALAND SO THERE IS A REMEDY
AND PROBABLY AN EFFECTIVE ONE IF IT MEANT THAT A SENTENCE WOULD BE REDUCED. ( YEAH WE KNOE FOR EVEN HARDENED
CRIMBOS CAN STATE S19C! THAT IS WHY WE WANT IT ERADICATED.) BUT THERE WOULD NOT BE ANY AWARD
OF DAMAGES.(WRONG). CRE FURTHER STATED THAT CRITICS OF S19C( IT DID NOT STATE WHICH IT WAS ON..)
WILL ARGUE THAT IT DOES NOT PROVIDE FOR JUDICIAL ACCOUNTIBILITY( YOU DARN RIGHT IT IS A PERMISSION
FOR A RACIST JUDGE TO POO POO ON THE RRA). jUDGES ARE NOT DISCIPLINED FOLLOWING A SUCCESSFUL APPEAL
( IF THEY ARE BROUGHT TO BOOK THAT IS (THERE IS ONLY ONE WAY VIA EUROPE BY THE WAY CURRENTLY) SEEING AS S19C SAYS
THAT THEY ARE PROTECTED...)... further, ' THAT IT IN PRACTICE THE COMPLAINANT WOULD FIND IT DIFFICULT IN NOT DIFFICULT TO PROOVE THAT DISCRIMINATION
HAS TAKEN PLACE, (WRONG AGAIN CRE IT IS ACTUALLY VERY EASY;THE EXISTANCE OF S19C
END OF STORY. IT WOULD BE MORE DIFFICULT TO PROOVE DISCRIMINATION WITHOUT SECTION 19C BEING THERE.) IT CONCLUDED THAT' HOWEVER OPENING UP THE JUDICIARY TO PRECEEDINGS FOR DAMAGES IS NOT THE SOLUTION...(
IN OTHER WORDS NO CHANGE FROM CRE UNLIKE OTHER POINTS IT DIDN'T PUT FORWARD THE NEED TO REPEAL THE EXCEPTIONS.!!!NICE ONE
TREV! NOT!!!!)
~My JP AND DAI\lNY BRIERLEY A LONDON magistrate has accused court colleagues of being racist and more likely to send black people to jail. . Iris Josiah, originally from Antigua, said racism was common on the bench and that some of her fellow JPs at Enfield magistrates' court tried to block her promotion. Miss-Josiah, also more likely to find black defendants guilty, irrespective of evidence, and refuse them bail. She claimed she was often ignored during deliberations on the fate of black defendants. Miss Josiah, an English teacher, of Palmers Green, is seeking". £75,000 _ discrimination and victimisation, which the Ministry of Justice denies. She became a JP at Enfield in 1995. complaint about racism in she said court chiefs blocked her career path. In legal papers submitted to a Stratford -- ---- - - -- .•~..-- -- -- ------- - ----- • -- -- --- O....,.•...•b..•.
•..•..•..•...•..• Racedaim: English teacher Iris Josiah says black people are harshly , treated ather magistrates court about the alleged racism of one female JP to her bosses. As a result, she says she was banned from sitting in the remand courts because the alleged incident had taken place in one of them. She added; "Since this incident, I have been subject to ongoing unfair treatment, racism, victimisation and harassment by senior members of Enfield magistrates' court." Magistrates are eligible to become court chairmen once they have served for four years and Miss Josiah first applied in But she says that her promotionhas been blocked while her white counterparts-were given every opportunity to progress. She says that colleagues dragged out the appraisal process she had to undertake for six years to block her. Miss Josiah has still not been appointed a court chairman and claims that other black magistrates have been deliberately overlooked too. . She brought her tribunal claim in February last year and her case is due to be heard this year. SENIORpolicemen have admitted that some officers are guilty of "racist stereotyping" and "unwitting prejudice" in a document that will fuel the debate about alleged racism in forces. In a confidential briefing paper, the Association of Chief Police Officers, says that "ignorance of difference" and "thoughtlessness" are further problems which are blighting attitudes to the ethnic minorities. It also concedes that there are "cultural barriers" within the police for ' non-white staff and that reforms are needed to ensure that forces across the country are "more tolerant" and value difference. The document, which is marked "not to bepublished externally or to be given out to the media", also emphasises that progress is being made and that such problems are isolated. But the Met is already facing claims of racist discrimination against its two most senior Asian officers and calls by the Black Police Association for potential ethnic recruits to shun the force. Home Secretary Jacqui Smith last night announced a nationwide review of the treatment of ethnic minority officers. And the country's only black curno. The' potentially lethal weapons are often converted bycriminals to fire real . bullets, and can be bought easily in high-street shops and on websites. The Met said it was investigating and that police searched a nearby house which the attacker was seen going into. No one has been arrested. - <~ MARTIN BENTHAM - Home Affairs Editor chief constable,MikeFuller of the Kent force, a former senior Met officer, has added to the controversy by claiming in a Panorama documentary that ethnic minority officers in London have to work twice as hard to gain promotion. The Association of Chief PoliceOfficers document, which was sent out inad- .vertently by email, was drawn up in response to the programme and sets out the "lines to take" when trying to deal with the criticisms it contains, It concedes that although recruitment of ethnic minority officers has improved Significantly, "retention and progression" remains the "biggest challenge" faced by forces and warns that problems with "institutional racism" and "police culture" remain. "If the police service is considered 'institutionally racist' on the basis that some of our processes: behaviour or attitudes show signs of thoughtlessness, ignorance of difference, racist stereotyping or unwitting prejudice then yes, there are signs that this still is the case on some occasions," the document states. employment tribunal, she says: "I witnessed the hostile treatment of black defendants 'by some fellow magistrates. "It included harsh remarks, severe sentencing, disregard for personal mitigation and easy findings of guilt, irrespective of evidence. They were most likely to. be refused bail and most likely to be sentenced to prison." Miss Josiah said she confronted some of her colleagues over their "unfair practices relating to black defendants" and sidelining of her during deliberations. In June she formally raised her concerns =!-'- from Evening standard 7th oct 2008... |
