As we're unlikely to see terraces again at football, this is the virtual equivalent where you can chat to your hearts content about all football matters and, obviously, Arsenal in particular. This forum encourages all Gooners to visit and contribute so please keep it respectful, clean and topical.
Ras Dam wrote:Magistrates can send people to jail for no longer than a year. With Barton's history of violence, let alone his families, I think 6 months is too lenient.
Not to my knowledge they can't. 6 months was the max in magistrates court when I was in the job.
Magistrates' sentencing powers extend to shorter periods of custody (maximum of six months, or twelve months for consecutive sentences)[2], fines (maximum £5,000), community orders which can include curfews, electronic tagging, requirements to perform unpaid work up to 300 hours or supervision up to 3 years and or a miscellany of other options.
Technically you're right. I was focusing on the consecutive sentences thing, which doesn't apply to this case.
Ras Dam wrote:Magistrates can send people to jail for no longer than a year. With Barton's history of violence, let alone his families, I think 6 months is too lenient.
Not to my knowledge they can't. 6 months was the max in magistrates court when I was in the job.
Magistrates' sentencing powers extend to shorter periods of custody (maximum of six months, or twelve months for consecutive sentences)[2], fines (maximum £5,000), community orders which can include curfews, electronic tagging, requirements to perform unpaid work up to 300 hours or supervision up to 3 years and or a miscellany of other options.
Technically you're right. I was focusing on the consecutive sentences thing, which doesn't apply to this case.
Let's not get technical here. Let's just say I was right
I'm married so it is not something I experience very often. Allow me a moment to bask
SPUDMASHER wrote:Not to my knowledge they can't. 6 months was the max in magistrates court when I was in the job.
Nope ......One year is the max in the Magistrates and besides, they can commit to the Crown Court for sentancing if like me, they feel that there was need for a stiffer penalty. This man is a prolific repeat offender who doesn't deserve any sympathy.
SPUDMASHER wrote:Not to my knowledge they can't. 6 months was the max in magistrates court when I was in the job.
Nope ......One year is the max in the Magistrates and besides, they can commit to the Crown Court for sentancing if like me, they feel that there was need for a stiffer penalty. This man is a prolific repeat offender who doesn't deserve any sympathy.
Not for a single offence they cannot! If Barton was tried for a single offence then 6 months is the max. They can of course refer the case to a crown court. No offence goes direct to crown, they are always referred. That is why you see the likes of the yorkshire ripper appearing at Bow Street magistrates court.
SPUDMASHER wrote:Not for a single offence they cannot! If Barton was tried for a single offence then 6 months is the max.
Ooh .....OK. But wasn't Barton charged with 2 offences ie common assault and affray? And shouldn't these be sentenced seperately?
No, common assault is not prosecutable unless the offence is witnessed by a police officer. 'Affray' is section 3 of the public order act and whilst it still falls under an officers conditional powers of arrest, it is considered a far more serious offence.
The fact that he was 'charged' with 2 offences is of little significance. The CPS will only prosecute the more serious offence as it is not worth processing the other offences.
Think of it in context with a drunk driver that kills somebody. Technically they would be charged with section 5 of the road traffic act (driving in excess of the prescribed amount) and with 'causing death by dangerous driving'. The police would forward a file containing both charges to the CPS, who would then proceed only with the death by dangerous charge. The other offence would be 'recognised' as having occurred but the punishment for D by D is far greater and would far eaceed that for sec.5.
In fairness to Barton, I cannot recall anyone getting 6 months for affray when I was in the job. It is quite a hard sentence.
Joey Barton was caught on CCTV knocking an unidentified man to the ground. He then straddled him and punched him four or five times as his cousin threw food at the victim before the Premier League player punched him up to 15 times more.
Minutes later, the midfielder attacked a 16-year-old, punching him and leaving him with broken teeth.
From bbc report. im sure if it had just been a bit of a drunken fight then he would have got away with it, but sitting on someone and hitting them in the head 20 times is a bit much! oh and look he's done another kid! what a man, what a crunt!
IbleedRED&WHITE wrote:Joey Barton was caught on CCTV knocking an unidentified man to the ground. He then straddled him and punched him four or five times as his cousin threw food at the victim before the Premier League player punched him up to 15 times more.
Minutes later, the midfielder attacked a 16-year-old, punching him and leaving him with broken teeth.
After reading this, the sentence doesn't seem harsh at all
Fucking right. If I got into a fist fight with someone else I'd hardly stop punching after a couple of right hooks. In this day and age the *word censored* would get up and stab you. Blame the government, blame the government for handcuffing the police, blame the EU for handcuffing the government to handcuff the police and blame every other do-gooder. Yes I bet Joey started it all, cos it was on CCTV, I bet the totally innocent victims said nothing to him what-so-ever. Not even a dicky-bird. Probably said, Yo, Jo, You Da Man, innit? Love Mancs Citeh! Can I buy your meal? And the fuck they did. Likely they were as drunk as he and didn't bank on rocking into a double hard bastard.