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No it doesn't work like that.  People are tried and sentenced under the laws and guidelines in effect at the time they committed the offence - it can't be retrospective. Otherwise you lot are rea

maybe deemster kainth should find a new job.

Just for good measure I think he stole said car, should have been sentenced with a big fuck off shovel!

On 9/8/2020 at 12:26 PM, Derek Flint said:

You can’t charge someone with an offence that wasn’t on statute at the time of the circumstances 

Quite, but that's not what I said. If he has committed offences under current legislation but not yet been charged, he could be charged and tried later, and if convicted face a sentence under new guidelines. John Wright has explained this in his post. My original post could have been better expressed, I think.

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On 9/4/2020 at 8:17 AM, Neil Down said:

Just maybe people are being listened to now

Doubt it, this only happened because of the outcry - governments seem to want to normalize it -

A guy was arrested on the Isle of Wight for raping a 3 year old in a public place and then immediately bailed.

https://www.islandecho.co.uk/man-arrested-on-suspicion-of-raping-3-year-old-girl-bailed/

 

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2 hours ago, manxman34 said:

Quite, but that's not what I said. If he has committed offences under current legislation but not yet been charged, he could be charged and tried later, and if convicted face a sentence under new guidelines. John Wright has explained this in his post. My original post could have been better expressed, I think.

That's not quite what John said:

On 9/7/2020 at 8:23 PM, John Wright said:

[...] What might change is more likely procedural, time bars and sentencing guidelines. Generally you are sentenced in accordance with the guidelines in force at date of sentence. But if the sentencing was lower at time of offence or because your age at the time of the offence, then that will be taken into account.

So delaying charging someone won't make a difference.  The guidelines that were in place at the time of the offence will usually be the ones used - unless the later ones are less onerous when those will be used.  You sometimes see this set out explicitly in judgments. 

If anything, delaying charges, when they could have been brought before, would be seen as a reason to dismiss them, because it would be seen as an abuse of the process of justice, which is supposed to be as speedy as possible (yes, I know).

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1 hour ago, Roger Mexico said:

That's not quite what John said:

So delaying charging someone won't make a difference.  The guidelines that were in place at the time of the offence will usually be the ones used - unless the later ones are less onerous when those will be used.  You sometimes see this set out explicitly in judgments. 

If anything, delaying charges, when they could have been brought before, would be seen as a reason to dismiss them, because it would be seen as an abuse of the process of justice, which is supposed to be as speedy as possible (yes, I know).

I think JW's comments bear a different interpretation. Sentencing would be in line with most recent guidelines, but there may be a reduction if they are harsher than those in force at the time of the offence, so could still be more severe than previously, just not as severe as the new guidelines permit.

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10 hours ago, Lagman said:

Doubt it, this only happened because of the outcry - governments seem to want to normalize it -

A guy was arrested on the Isle of Wight for raping a 3 year old in a public place and then immediately bailed.

https://www.islandecho.co.uk/man-arrested-on-suspicion-of-raping-3-year-old-girl-bailed/

 

The test for police station bail and the time limits for detaining someone whilst there’s an investigation are totally unrelated to whether an offence has been committed ( ie guilt ) and have nothing to do with sentence.

People can’t just be locked up whilst investigations are carried out, for weeks, months, years.

The only thing you can draw from the report is that currently there isn’t sufficient evidence to charge and investigations are ongoing.

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They could claim compensation for time held on remand or wrongful imprisonment but that would be reduced by the cost of accommodation and food costs!!!

thats justice for you innocently imprisoned toerags and scumbags!!!

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