Smoking Monkey's Guide to Suspended Sentences, or Why Melissa Massey Shouldn't be in Prison

Ok, so some readers may understand there’s more to this story than first meats the eye… at least why I’m blogging about it. If you aren’t one of the select few who knows, don’t worry as you’re not missing out on anything that thrilling.

I would like, if I may, to offer a little more insight into a story that has been in the Manchester Evening News 3 times in the last week, as well as attracting compassionate and supportive commentary from the bigots who read the Daily Mail. The case involves a 20 year old student called Melissa Massey, who had assaulted a paramedic treating her after a pissed-up New Years Eve in Manchester.

When Massey went to Court, she pleaded guilty at the first opportunity and the Probation Service prepared a report to discuss sentencing options for the Court. A District Judge then reviewed this, before ignoring it and imposing an 8 week sentence. This caused outrage amongst tabloid readers who said it was too short, and mild disapproval with anyone who knows what they are talking about who felt that the sentence was a bit harsh.

It should be emphasised that unlike most people who commit offences like this, Massey had no previous convictions, is a final year university student, and appears to be little miss perfect.

Then, much to the absolute rage of Joe Public, the defendant had the gall to appeal against her sentence. She went to the Crown Court on Friday (4 days after being sent to HMP Styal), and was duly released having had her prison sentence suspended.

Inevitably, this has caused criticism of her, the Crown Court Judge, and the criminal justice system itself. Strangely, Massey’s solicitor hasn’t been singled out, which is a shame as there’s no such thing as bad publicity, and he’d probably enjoy telling people that he’s a legend.

The problem it seems is that no-one understands that a suspended sentence is more serious than a community penalty. The truth is that if, during the next 2 years, Massey commits any offence, or fails to do the unpaid work she has been ordered to complete by the Court, she will almost inevitably be sent to prison for 8 weeks.

I am not trying to excuse or justify anything that Massey did, and there are certain jobs that put people at risk of being the victim of violent crimes. People like paramedics, taxi drivers, firemen, or pub landlords do deserve greater protection and that can only be given by dealing with offences against them more severely. In fact, if Massey had randomly hit a complete stranger in the street, she would never have been charged in the first place. The police would have given her a caution, and she’d never have had to declare a conviction let alone a custodial sentence.

However, the purpose of the Court is not to simply punish for an offence. A bench, or a Judge should always punish the offender. An offence can justify a prison sentence, but it is crucial that the circumstances of an offender are considered to pass a just sentence. If for example you have a defendant with a chronic drug problem, or they need intervention to deal with alcoholism, the Courts should consider whether simply locking someone up will actually do anything to prevent further offences in the future. By taking a long-term view, and placing the criminal under the supervision of the Probation Service (with the threat of prison hanging over them if necessary), the Courts actually have the potential to protect the public from future offences, rather than to beat someone for past transgressions.

In Massey’s case, she had no underlying problems with drink, drugs, or her mental state. She was apparently a hard working student, on course for great things etc. The implications and long-term effects of her conviction are impossible to assess now, but you can bet your life this is not going to help her get a job, particularly given the fact she’s photogenic enough to have her face splashed all over the papers. When you consider the damage that a moment of pissed-up madness has done to her ambitions for the last 5+ years, perhaps you can see why she deserved some leniency and not have to face an immediate prison term.

This case also goes to show that if you have a choice, always get sentenced by a Crown Court Judge. They deal with far worse stuff than you’ve probably done, and will see your crime as comparitively minor, compared to the mini-tyrants that fill so many of the Magistrates Courts who seem to view the Mail as liberal media.

District Judge Berg has gone on to retire, and given a long diatribe to the Manchester Evening News about how people getting pissed and getting in fights is a plague on the streets of modern Britain. In many ways he’s right, and I’ve previously commented how alcohol is certainly no better than criminalised drugs. Unfortunately though, Judicial office isn’t the place to preach or comment on society, particularly when it shows you are too prejudiced about a certain class of offence at the expense of an individual’s just desserts.

This entry was posted on Sunday, May 30th, 2010 at 11:52 am and is filed under Daily life, Featured, Thoughts. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.