Inside Justice week: Day Two - Judge Nicholas Coleman's view
HE decides who goes to jail and who walks free, reviews the sentences of prisoners and has played a role on the other side of the bar as a lawyer on famous cases.
HE decides who goes to jail and who walks free, reviews the sentences of prisoners and has played a role on the other side of the bar as a lawyer on famous cases.So who better to give a unique insight into how the justice system ticks than Peterborough Combined Court Judge Nicholas Coleman?
Judge Coleman slammed the rise in yobbish culture and lack of respect pervading our neighbourhoods. He told The Evening Telegraph: "There has been a reduction in standards in the way in which people appreciate or accept authority. I think it is sad.
"People have a natural argumentative dislike, against certain groups, such as well-intentioned police officers who approach them.
"The reasons are far too complex but I think it is to do with upbringing and a failing in the family structure."
His Honour Judge Coleman was talking at the start of Inside Justice Week, which aims to throw light on how justice is meted out through police stations, courts and prisons.
Judge Coleman entered the legal world in the '70s as a criminal barrister, working on cases such as that of the "Black Widow" Linda Calvey.
A full-time judge since 1998, he lives in Norfolk with his wife Judge Isobel Plumstead. They have three children including Tom, an operations officer with the Royal Anglian regiment, and two daughters.
One of the other concerns he expressed was the increase in sexual offences in Peterborough – revealing that, along with Portsmouth, the city is among the hotspots for the crime.
He said: "We have far too much sexual offending in this part of the world. It reflects the sort of work we have to do. We have an unmitigated diet of serious sexual offences and violence."
Another issue that he felt strongly about was the mind-boggling number of changes to legislation.
He said: "I'm not alone when I say I'm concerned about the constant changes to criminal justice legislation. It makes life extremely difficult. We are always expected to realise the changes, and barristers have to get ahead of it."
The Criminal Justice and Immigration Act 2008 made a raft of changes across the board.
In particular, it changed the law relating to custodial sentences and the early release of prisoners to reduce prison overcrowding, which has reached crisis levels.
The move was made in response to the Criminal Justice Act 2003, which introduced draconian mandatory sentencing for violent and sexual offenders, which reduced judicial discretion in sentencing. The increase in life sentences and extended sentences which resulted are thought to have contributed to prison overcrowding.
He said: "The changes brought about through the 2003 act were detrimental to judicial discretion. The 2008 act has brought more discretion in the sentencing process.
"We don't want an abacus system. Every case is different.
"When any judge sentences, they never sentence with an eye to a prison place. If it merits it, then it will be received. If a person warrants prison, you can't say there are no places in prison. It’s a matter for the Government to provide places.”
However, he said there was “no doubt” that there has been pressure on the jail population.
In his role as a judicial member of the parole board, he knows first-hand what life is like behind the perimeter fence.
He said: “What’s brought that about is a constellation of factors, such as legislation on indeterminate terms for dangerous offenders. It is entirely right they are staying in custody longer.
“I am a judicial member of the parole board and go round prisons three weeks a year reviewing indeterminate sentences and to see if people convicted of life sentences should be released. But indeterminate prisoners are unable to demonstrate they are a reduced risk.”
Judge Coleman has seen and heard it all in his time – from an angry defendant hurling a shoe at a police officer in court to listening to details of grisly cases – but he insists he is not unshockable.
He also said he hasn’t lost his faith in human nature, because he feels there are usually underlying reasons compelling someone to act in a certain way.
He said: “I’m not unshockable. Given the sort of things I have seen people capable of doing – violence, sexual offending, murder – I find it incredible what people can do.
“I’m not saying every criminal act is wholly explicable, but there are usually underlying reasons.”
When asked about the state of the justice system, he said: “By and large, I think things run very well. When things do go wrong, we make sure people are aware of that.
“I’m troubled about the resourcing of courts services. It is likely to have a serious impact.
“There is still considerable room for change in the penal system. It is obvious when I go round prisons, few resources are available for prisoners. They should undoubtedly receive rehabilitation.
“There are extremely good courses in prison, and some of them are denied them for particular reasons.”
Deciding on the fate of hundreds of defendants, you may wonder whether a judge fears reprisals.
But Judge Coleman said it didn’t play on his mind.
He said: “People respect the system. I’m here to administer justice, the jury deliver their verdict, I have to sentence and I can do that according to the law.
“Provided the defendant thinks he has had a fair trial, there shouldn’t be a fear of reprisals.”
He added: “You can’t regret decisions. Given the number of decisions you make, if you worried about it, it would drive you into an early grave.
“Why do I do this job? It’s challenging. It’s a tremendously responsible job and one where you feel you are contributing to the organisation and order in society. And you meet an awful lot of nice people – magistrates, members of the public, court staff – as well as criminals.”
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Weather for Peterborough
Thursday 29 July 2010
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Temperature: 11 C to 19 C
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