A new Government report by suggests that one way of deterring petty criminals is to make them wear clothing identifying them as such when they serve community service sentences.
I don’t know how much effect it would have on the miscreant, but it might have some benefit for young people on the verge of criminal behaviour. The singer Boy George had to wear identifiable clothing when he was sentenced to community service in New York a couple of years ago so perhaps he should be asked.
But the main thrust of this report is that there is too much concern for the criminal and not enough for the vistim. It’s a point I have been arguing for years. In the past 20 years or so criminal justice has been operating behind closed doors from the point at which criminal acts were committed right through to sentencing except in the most sensational cases.
The immediate reaction of law-abiding readers will probably be ‘Quite right’, but stay a minute. I said in the preceding paragraph that publicity needed to start with the crime committed which means we should go back to the old system of crimes being reported in the media.
Most victims would argue that this would mean unwanted publicity on top of the crime itself and police argue against such information being given out on the grounds of privacy and reducing fear of crime. They, of course, can always see a crime reported when it serves their purpose.
There are two major consequences. One is that not revealing criminal incidents adds to the fear of crime rather than reducing it. For instance, somebody gets mugged and possibly injured. The word gets round on the rumour mill, exaggerating at every telling, and eventually ends up in the public’s mind as several crimes not just one. I know cases where this has happened.
A second consequence is that it allows the police to hush up matters which should not be hushed-up. After this policy came in 20 years ago I forecast that it would not be long before police started concealing unnatural deaths. Sure enough, only weeks later the police tried to conceal the drugs overdose of the son of a prominent local businessman; later they tried to conceal a death in custody. There are other cases I know of but I hope the point is made.
In the rare cases when there is an arrest, the problem continues in the courts. Magistrates’ court cases used to be a mainstay of the local press. Now, because of reporting restrictions, and even more because cases are rarely disposed on in one day, very few court cases are reported.
The result is that there is very little shame in going to court. Every day I pass the entrance to the magistrates’ court in St Pauls Square. Usually there is a knot of young people loafing around, smoking, talking about their cases with no sign of embarrassment. The age at which young people’s names can be reported in a court case has gone up to 18 - it was 16 when I was a junior reporter - making it hardly worth having a reporter in court all day for cases where the accused cannot be identified..
Magistrates and their staff have stopped seeing the media as part of the judicial system. Some years ago a clerk of Bedford Magistrates Court grew frustrated at the number of people who refused to pay their fines and hit on the idea of asking Bedfordshire on Sunday to publicly identify them. The paper did, putting their names and, where possible, their pictures on the front page.
Within a week, most of those named had paid up and so had many who were not listed. You would think that the clerk would have got a pat on the back but not a bit of it. He got a reprimand from the magistrates committee and never did it again.
Publicising crimes, their perpetrators and the consequences is unpopular with the victims, the police and the magistrates, but failing to do so breaches the long-standing principle that ‘Justice must not only be done; it must be seen to be done’. The whole issue needs re-examination.