What should be the penalty for rioters?

Five people died during the UK riots, including the three men who were struck by a car in Birmingham, central England as they protected local shops from looters. Two men and a teenage boy have been charged with murdering Haroon Jahan, 20, and brothers Shazad Ali, 30, and Abdul Musavir, 31. Several suspects have also been questioned about the death of a man who was shot in the head during rioting in south London.

In my article that I published in my blog on August 15th, I suggested that the following punishment should be awarded to rioters.

If they break windows or cause other forms of damage to stores, they should get six months in jail. If they loot stores, they should get twelve months in jail. If they set fires to stores or vehicles, they should get two years in prison. If they set fires to residences, they should get ten years in prison. If they injure someone, their sentences should range from two years to twenty years, depending on the seriousness of the injuries. If someone dies because of those injuries, they should get a minimum of twenty-five years in prison. Further, a civil judgment should be awarded against them for any damages they cause.

It appears that the judges in the UK are adhering to the suggestions put to them by the prime minister of the UK who said, and I quote;

“As to the lawless minority, the criminals who’ve taken what they can get, I say this: We will track you down, we will find you, we will charge you, we will punish you. You will pay for what you have done.”

David Cameron also said last week that those who participated in the riots should go to prison. In response to a public that favours stern punishment for last week's rioters, British courts continue to hand out harsh sentences. For example, a court recently jailed two men for four years for using Facebook to incite disorder, even though neither of the two men actually caused a riot. The British prime minister has defended the tough sentences being given to some of those convicted of offences committed during the rioting and looting in English cities last week. He said that people who rioted would not escape justice. He also said that those who saw the riots as an opportunity to loot would have to face the consequences.

Jordan Blackshaw, 20, and Perry Sutcliffe-Keenan, 22, were given stiff jail terms in northwestern England on August 16th for using social networking sites to “organize and orchestrate” disorder.

Blackshaw used Facebook to create an event for “massive Northwich lootin” on August 9th and then gave his readers the time and location where the would-be rioters should gather. Sutcliffe created a page called “Warrington riots” that listed August 10th between 7 p.m. and 10 p.m., for anyone who wished to be involved.

The two men later said it was just a joke and that no rioting broke out as a result of their posts. How do they know no rioting took place? Investigative journalist Tony Gosling, however, says that what they say is a joke is nothing less than a serious offense. Try putting in your Facebook a threat against the president of the United States and claim it was just a joke. You can continue making that claim while you are in prison serving a long sentence of imprisonment. Facebook, Twitter, Blackberrys and blogs are means of communicating with others. This is an effective means of communicating and should be done properly and not as a joke.

There were many more similar criminals who used Facebook, Twitter and their Blackberrys to incite others to riot. They will also be traced, arrested, convicted and later sentenced to long terms of imprisonment.

A police official told reporters the sentences reflect “how technology can be abused to incite criminal activity and sends a strong message to potential troublemakers about the extent to which ordinary people value safety and order in their lives and their communities.'' The official said, “Anyone who seeks to undermine that (safety and order) will face the full force of the law.”

So far, about 1,700 people in London alone since the riots have been charged with riot-related offences. More than 1,179 have appeared in court — often in chaotic, round-the clock-sessions dispensing justice that is swifter and harsher than usual. The police have so far arrested more than 3,000 people in the UK for participating in the riots.

Other cases that have made headlines include a London man who received six months in jail for stealing a case of water worth $5 from a looted supermarket. A Manchester mother of two, who did not take part in the riots, was sentenced to five months for wearing a pair of looted shorts her roommate had brought home. Three women who pleaded guilty to theft were sentenced to six months in jail, according to the Daily Mail. Nigerian model Shonola Smith, her sister Alicia and their friend Donness Bissessar were arrested outside the Argos merchandise store, with their loot. Alicia was caught with 10 packages of bubble gum stolen previously from a nearby convenience shop.

“The tragedy is that you are all of previous good character, each of you well educated,” District Judge Robert Hunter told court, while delivering his judgment against the three women. “However, I can't ignore the context in which these offences were committed. You have played your part in a wider act where devastation was caused to businesses and local residents. In my view, although I'm retaining jurisdiction, the matter is so serious that only a custodial sentence will suffice. That, I hope, will serve as a deterrent to others.”

Most of the convicted suspects have been sent to higher courts for sentencing that has the power to impose longer terms of imprisonment. Many are being committed for sentencing at the crown court. The reason for this is the magistrates' bench feel the riot was such an aggravating feature to the burglary that the crown court ought to sentence because they have additional powers. The magistrates feel that they had insufficient powers to sentence for a single count of burglary. They could only sentence for six months whereas that could be up to 10 years at the crown court. Crown Court sentences are, on average, about six times longer than those in magistrates’ courts. Meanwhile, two-thirds of the accused have not been granted bail.

Lord Howard, the former home secretary and Tory leader, said robust sentences for rioters and remanding suspects in custody are essential in order to maintain public confidence in the criminal justice system.

Lord Howard told BBC Radio 4's Today programme, "The courts don't operate in a vacuum and shouldn't operate in a vacuum. One of the most important objectives of criminal justice policy is that there should be public confidence in our criminal justice system. What we saw last week was an absolutely appalling outbreak of violent behaviour, and it’s absolutely right that those who are responsible for that violent behaviour should be dealt with appropriately and that’s what the courts are doing.”

He added, "The truth is if large numbers of those who are accused of being involved had been remanded on bail there would have been a significant public perception that they were getting away with it, that they were free to walk on the streets again and possibly even to commit offences again.” He said there was no basis for claims rioters were receiving tougher treatment compared to if they had committed offences during the course of a night out.

Referring to a radio interview with a looter who claimed he would not go to prison, Lord Howard said: "What we’ve got to change is the perception referred to by the Prime Minister in his speech yesterday, when he said he’d read of a youngster in Manchester who’d been involved in the looting and had said, ….well, it’s my first offence, the prisons are overflowing, so the worst I can get is an ASBO."

Anti-Social Behaviour Order or ASBO is a civil order made against a person who has been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders, introduced in the United Kingdom by Prime Minister Tony Blair in 1998, were designed to correct minor incidents that would not ordinarily warrant criminal prosecution. The orders restrict behaviour in some way, by prohibiting a return to a certain area or shop, or by restricting public behaviour such as swearing or drinking. Many see the ASBO as connected with young delinquents.

Theresa May, the home secretary, said she had pressed prosecutors to lift anonymity from underage defendants convicted of riot-related offences. Defendants younger than 18 are usually offered anonymity by law, even if they are convicted. It looks like the young criminals are going to be seen like the scurrying little cockroaches they are.

Martin Narey, the former Director General of the Prison Service and chief executive of Barnardo's, told the programme: "I'm very troubled that in our thirst for retribution in the wake of the riots which have shocked us all, we are treating some children and young people who have been right on the fringes of these events and have committed relatively petty crimes very harshly.”

Narey said. "To give someone at the age of 14 who has behaved uncharacteristically, who has expressed remorse, and whose parents are shocked and aggrieved at what has happened and has promised to take the young person in hand, a criminal conviction is savage. I think confidence in our criminal justice system depends to a great extent on our view that it behaves in a proportionate manner." He added, "In all other circumstances the criminal justice system gives people like that, particularly when they are children, a second chance.”

This soft-hearted and soft-headed do-gooder hasn’t recognized that there is a difference between isolated cases of shoplifting and looting during a riot. The punishments awarded should reflect that difference.

A 16-year-old boy was ordered Tuesday to stand trial for the murder of a retiree who was attacked when he confronted rioters in London. The teenager, who has not been named because of his age, appeared in court Tuesday accused of killing 68-year-old Richard Bowes, who was found lying in a street during violence in Ealing, west London, on August. 8th. CCTV footage captured Bowes being punched and falling to the pavement after he tried to stamp out a fire set by rioters. He died of head injuries three days later. Aside from being charged with murder, this 16-year-old monster is also charged with violent disorder and the burglary of a bookmaker, a supermarket, a video store and a restaurant.

There were tearful scenes in court as two girls, aged 13 and 14, were given referral orders for their part in a looting spree in Manchester. The young friends, who cannot be identified because of their ages, helped themselves to designer clothes from looted stores. CCTV (closed circuit TV) was shown of the 14-year-old removing a £120 pair of jeans from a mannequin which was hanging out of a window of the Diesel store after it was attacked by a mob. And the Manchester Magistrates' Court heard that the 13-year-old took a jumper from the Vans store in the city's Northern Quarter. Solicitors for both girls, who have no previous convictions, said they heard about the rioting on Facebook and headed into town out of curiosity. The girls were each given 12-month referral orders. The 13-year-old must pay £50 compensation to Vans for taking the jumper and the 14-year-old must pay £120 compensation for the theft of the jeans.

Lord Howard responded to what Narey said, "I’ve no doubt there will be consequences for those young people who are being sentenced by the courts, but I’m afraid they should have thought of those consequences before they engaged in the action in which they did engage in last week."

I have said it before and I will say it again. Young offenders generally expect to be treated gently so there is no real deterrence facing them that would otherwise make them think twice before committing their crimes.

For example, a 12-year-old boy who admitted stealing a £7.49 bottle of wine from a Sainsbury’s in Manchester and was given a nine-month referral order. The boy appeared ashamed of his actions, but after the hearing, he and his mother swore at reporters. In Nottingham, an 11–year–old girl, who left primary school last month, smirked and refused to apologize when put before a judge.

The courts in the UK are being advised that the scale of last week’s civil disobedience means that offences committed during the riots should be dealt with more harshly. The memo, sent late last week by the capital’s most senior justice clerks, led one magistrate to warn that any offenders involved in the “anarchy” can expect a prison sentence. (A Justices' Clerk is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace who are also known as magistrates).

Magistrates still have the right to ignore advice from clerks and a Judicial Office spokesman said there had been no separate directive on sentencing from the senior judiciary. The magistrates however appear to have heeded the message to ignore sentencing guidelines, as figures released by the Ministry of Justice last night disclosed that two in three people charged in connection with the riots and looting have been remanded in custody. A Her Majesty Courts Service spokesman said:

“Magistrates in London are being advised by their legal advisers to consider whether their powers of punishment are sufficient in dealing with some cases arising from the recent disorder.”

Senior justice clerks in London reminded the judges that they could overlook sentencing guidelines to take into account the “exceptional” level of the disorder and hand down more draconian penalties to rioters and looters. It is likely to mean that more offenders are being passed up to the Crown Court as judges there can hand out longer terms.

When sentencing offenders, courts generally must follow relevant sentencing guidelines unless it would be contrary to the interests of justice to do so. So, if a judge or magistrate believes a guideline sentence doesn’t allow the interests of justice to be served, he or she can sentence the offender outside of the guideline.
For example, a looter was given 18 months for having a stolen TV in his car.

One of the first to face justice was 45-year-old Bernard Moore, who was arrested on Tuesday evening for his part in the Manchester riots. Moore, who bears a stark resemblance to Frank Gallagher from Channel 4's Shameless, was jailed for 20 weeks for assaulting a police officer after having threatened to gouge his eyes out during the attack.

Joining him behind bars was Owen Flanagan, 28, a factory worker who received eight months in prison for looting clothes from Liam Gallagher's Manchester boutique Pretty Green.

And Aaron Grimmer was jailed for four months for assaulting a police officer, after leaving the riots in Salford because he had heard the ones in nearby Manchester were 'better'.

And others from more privileged backgrounds were also in the dock. They included grammar school girl Laura Johnson, 19, who was charged with stealing £5,000 worth of goods including TVs, mobile phones and a microwave oven.

The parents of 18-year-old Chelsea Ives identified her as the pink-topped rioter in this photo. The teenager, who is the daughter of millionaire parents, is currently studying English and Italian at Exeter University. She was also chosen as an Olympic ambassador for London 2012. She can kiss that prospect goodbye. The teenager allegedly went on the rampage through Enfield during the unrest on Sunday, afterwards saying she had had 'the best day ever'.

Daniel Anderson, a 25-year-old father of three from Croydon, was jailed for six months after admitting handling stolen goods. Anderson was found with two new guitars, an amplifier and a flat-screen television.

Twenty-year-old Ryan Kelly from Leahill Croft in Chelmsley Wood was jailed for six months after admitting he looted £3,500 worth of cigarettes from a Birmingham news agent.

The guidance for tougher penalties was issued amid growing concerns that courts were being soft on offenders. Looters and rioters walked free last week in a series of cases, including David Atoh, 18, who admitted stealing two designer T-shirts in
Hackney, east London during the riot.

A magistrate told him the two days he spent in a cell awaiting his hearing was adequate punishment and freed him. Despite Mr. Cameron’s pledge that young offenders would face punishment, a string of juvenile criminals were allowed to return home to their parents. Obviously those magistrates have no concept of the seriousness of the crimes committed by these people who appeared before them.

Novello Noades, chairman of the bench at Camberwell Green magistrates’ court in south London, said: “What was happening on our streets last week was anarchy. The very fabric of society was at risk. Anyone with any involvement must be dealt with as severely as we possibly can. Only custody is appropriate.”

The magistrate added: “Our directive for anything involved in rioting is a custodial sentence. So the question is whether our powers are sufficient or not. It is a very, very serious matter.”

James Clappison, a Conservative member of the Commons Home Affairs Committee, called for magistrates elsewhere to be given similar instructions. He said, “The courts need to recognize the breakdown of law and order that took place,” he said. “We need to see tougher sentencing to deter future offending. The sad fact is that many people must be sent to jail.”

A Ministry of Justice statement stated, "We have enough prison places for those that are sentenced to custody. There is substantial capacity in the prison system."

The Association of British Insurers estimated the cost from wrecked and stolen property at $325 million, but expects the total to rise so one can appreciate why the government and the courts and no doubt the vast majority of law-biding citizens favor harsh punishment for rioters. It looks like the concept of harsh punishment isn’t new in the UK.

The son of the Pink Floyd guitarist David Gilmour was jailed for 16 months after admitting violent disorder during a student fees protest in central London last December. Charlie Gilmour, 21, was seen hanging from a union flag on the Cenotaph and later leaped on the bonnet of a Jaguar car forming part of the royal convoy taking the Prince of Wales and Duchess of Cornwall to the royal variety performance that was attacked by demonstrators. He also set fire to papers outside the Supreme Court in Parliament Square and was seen kicking at a window of a Topshop branch in Oxford Street and later carrying the leg of a mannequin. Students attacking the store caused £50,000 ($80,981 US) in damages.

Wandsworth Council's Leader, Counselor Govindia, who yesterday visited the town centre alongside London Mayor Boris Johnson and the Home Secretary Theresa May to inspect the damage said that those people convicted of lesser offences should be made to clear up and make reparations directly to the areas they had damaged.

He also said, "The courts should have absolutely no hesitation in imposing substantial custodial sentences on the people who committed major offences on Monday night. These serious criminal acts need to be met with serious prison sentences. And those who are convicted of lesser offences that would not justify a custodial sentence must be made to make reparations directly to the communities they have harmed. All community punishments should be served in Clapham Junction itself. Whether it is litter picking, removing graffiti or any other form of community payback, this must be completed within the town centre itself.”

He offered an unorthodox suggestion that is harsh but no doubt would be highly effective as a general deterrent. He said, "I also believe that those who are sentenced to this kind of community punishment should wear some sort of high visibility vest that identifies them as having taken part in the disturbances. In this way local people and businesses will see for themselves that justice has been meted out."

The vest could have written on it in very bold letters. I WAS A RIOTER. Hey! If these thugs didn’t mind displaying themselves as rioters during the riots, why should they object to wearing such a vest after the riot is over?

Govindia has also instructed the council's housing department to look at ways of evicting council tenants involved in the disorder. People who live in council-owned accommodation must abide by a stringent list of tenancy conditions or face the prospect of losing their home. One such family in such a home has been evicted because a member of the family participated in the August riot.

I know what you are thinking. Is it fair to punish the rest of the family because one of its members was a rioter? No, it is not fair but it is just because once it becomes known that an entire family can suffer for the actions of one, it will make all the members of the family think about what their acts in a riot will do to the rest of their family. Admittedly, there are some creeps who don’t give a tinker’s dam about what happens to their family and once the rest of the family becomes apprised of that as a result of being evicted from their home, they can treat the offender like the plague that he or she really is.

All those convicted of taking part in last week's riots from of looting or public order offences will be banned from shops in Manchester city centre for two years. The ban includes more than 400 stores in Manchester Arndale as well as the Triangle shopping centre, Marks and Spencer, Debenhams, Selfridges, Harvey Nichols and Kendals.

Retailers bore the brunt of the riots, with many stores left with huge repair bills after being ransacked by the rioters.

They will use a "civil exclusion scheme" originally designed to keep persistent shoplifters out of the city. The partnership will add pictures of all those convicted for their part in the riots to an offender database. The images of the looters will then be sent out to every store signed up to the city's scheme - with security guards instructed to turf them out if they try to get inside.

Over 100,000 people have called for convicted rioters and looters to lose their benefits saying they show a disregard for the country that provides for them. With 100,000 signatures, it makes the petition eligible for debate in the House of Commons. The petition argues that no taxpayer should have to contribute to those who have destroyed property, stolen from their community and shown a disregard for the country that provides for them.

This means that those who lose their benefits will have to find work. The government can hire them as street cleaners at a minimum wage. Obviously, an exception has to be made for those who are too old or who are infirm. But generally, you don’t find those kinds of people participating in a riot.

Government ministers clearly believe that harsh sentences for those convicted in the recent disorder, and the arrest and prosecution of those involved (even in minor ways) will create strong disincentives for future potential rioters. The government has also found like-minded judges, magistrates and prosecutors to give added impetus to this push in the immediate riot aftermath.

Since the riots subsided last week police have been continually raiding houses across London and other English cities, aggressively smashing in the doors of properties, arresting hundreds of people and recovering large amounts of stolen property. This is how terrorists are arrested. Why shouldn’t rioters be arrested in the same way? Both terrorists and rioters are attempting to break down law and order in a country so they should be treated in the same manner by the authorities.

The Ministry of Justice recently disclosed that 65 per cent of people charged in connection with the riots and looting have been remanded in custody, compared with 10 per cent for serious offences last year. A total of 1,179 people have so far appeared in court on charges relating to the riots.

The government’s intended message in the UK is loud and clear: “If you have participated or benefited from the riots, we will find you, arrest you, and ensure that you will go to jail for a significant period of time.” Apparently, that is what is now happening in the UK. It’s about time. Maybe would-be rioters in the future will think twice before participating in a riot.

There are people who never learn from their mistakes. If a rioter is sent to prison for committing crimes during a riot and later he or she continues that kind of behavior in another riot, then he or she must be prepared to serve a much longer sentence. If deterrence doesn’t work, then we must warehouse them in prison so that the public can be protected from this kind of garbage.

Let me be clear. Anyone who is convicted of a serious offence in relation to the recent riots should serve long prison sentences, and I would expect judges to take the public disturbances as an aggravating factor when passing sentences on these rioters. Anyone convicted of looting or other forms of mayhem should expect to go to prison. And in my opinion, anyone promoting a riot such as advising people where to go to participate in a riot is a serious offence even if no one actually heeded such suggestions. They too should go to prison.

Decent citizens (and that constitutes the vast majority of citizens) expect law and order to prevail in all of our communities. I think I speak for all decent people when I say that we have no sympathy for rioters, looters, arsonists, and violent criminals who would trample through our communities like rogue elephants and expect to do it with impunity.

If they come out of prison broke and have lost everything they had before they committed their crimes, so be it. Starting from scratch will get a message across to them and others of their ilk that crime really doesn’t pay especially when the crime is committed during a riot.

SNIFF SNIFF SNIFF. Sorry. I am not crying for those who are being severely punished for their crimes. I have a cold.