Who needs reasonableness!

Written by admin
November 22nd, 2018

We all know that knife crime is on the rise. Not to the levels of Victorian times, not to the levels of 1993, when criminal offences across the board were at their highest. In fact, knife crime is rising towards the levels experienced in 2010 and 2011.

It is obvious that the government wants to “do something”. Legislation imposing vaguely mandatory sentences on those convicted of carrying bladed articles or offensive weapons for a second time has been a future of the sentencing process for many years.

Not satisfied with this removal of discretion from the judiciary, the government now wishes to attack a different part of the criminal justice process.

Certainly, out of nowhere, there are calls for a re-evaluation of the old “stop and search” powers. This much malign and often inflammatory procedure has, in recent years, been kept in check by the requirement for police officers to have a “reasonable suspicion” before stopping or searching an individual. A number of members of the government are now suggesting that the requirement for a “reasonable suspicion” be removed.

Any action that can be carried out unreasonably, or without the use of reason, is obviously likely to lead to concerns and difficulties. Imagine that someone allegedly acting in “self-defence” did not have to show that they had acted “reasonably” just that they had acted in self-defence. What sort of mayhem might ensue?

Where the power to be used “unreasonably” is a coercive power, as in the case of stop and search, the perils for us all are enormous. Those of us who remember the Bristol riots around the Black and White Café, the Brixton riots of the early 1980’s and the Toxteth riot of similar vintage remember just how much violence and disorder ensued from the hatred and loathing that had built up after the misuse of “stop and search” powers.

If widespread civil disorder and a break down in the relationship between the police and the public are the price to be paid for this cack-handed attack on knife crime, it may be felt that the account would soon become unbalanced.

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