Judge's remarks about burglary taking 'courage' trigger investigation

Controversial comments at Teesside crown court prompt David Cameron to condemn those who break into people's homes

David Cameron on ITV's Daybreak said that people 'feel completely violated' when they are burgled. Photograph: Steve Meddle/Rex Features

A crown court judge who said burglars needed "a huge amount of courage" and sending them to prison did little good has triggered an investigation by the Office for Judicial Complaints (OJC).

The outspoken comments were made by Judge Peter Bowers at Teesside crown court earlier this week when he spared a 26-year-old, serial burglar from an immediate custodial sentence. The OJC said it was considering complaints it has received.

The remarks also prompted David Cameron to condemn those who broke into people's homes. Appearing on ITV's Daybreak programme, the prime minister said he did not know the details of the case, but continued: "I am very clear that burglary is not bravery. Burglary is cowardice. Burglary is a hateful crime. People sometimes say it is not a violent crime, but actually if you have been burgled you do feel it was violence.

"I have been burgled twice. You feel completely violated when someone has smashed their way into your house and stolen your possessions … I am very clear that people who repeatedly burgle should be sent to prison," he added.

"That is why this government is actually changing the law to toughen the rules on self-defence against burglars, saying householders have the right to defend themselves."

The row over the judge's sentencing erupted the day after the government removed Ken Clarke, an advocate for rehabilitation rather than incarceration, from his position as justice secretary.

On Tuesday, Bowers gave Richard Rochford, of Redcar, a two-year supervision order with drug rehabilitation and 200 hours unpaid work, as well as a one-year driving ban.

Delivering the sentence, he explained that Rochford had acquired a drug habit when previously imprisoned for another offence. "You've been given an extraordinary chance," Bowers said. "I might get pilloried for it ... It takes a huge amount of courage as far as I can see for somebody to burgle somebody's house. I wouldn't have the nerve. Yet somehow, bolstered by drugs and desperation, you were prepared to do that ...

"I think prison very rarely does anybody any good," he said. "It mostly leaves people the chance to change their own mind if they want to. I don't think anybody would benefit from sending you to prison today. We'd all just feel a bit easier that a burglar had been taken off the streets."

Rochford should serve a two-and-a-half-year term to satisfy the public, the judge added. But Rochford, the court heard, had rid himself of his drug habit since committing the burglaries in February.

"What you've done since I find rather extraordinary and something which doesn't often happen," Bowers said. "I'm going to take a chance on you, an extraordinary chance, one which I don't often take.

"If I see you across the court again, you start with 30 months for that. I won't take any excuses. But if you turn up, do the right thing, then I'll have done the right thing. You let me down and you let yourself down."

Judge Bowers was still hearing cases at Teesside crown court on Thursday. David Hines, chairman of the National Victims' Association, said the judge's comments were outrageous. "What message does this send out to society? The criminal justice system has let the victims down. Burglars are going to believe that judges think they are courageous. I think this judge is on a different wavelength to everyone else."

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Ditulis oleh: Unknown - Wednesday, August 15, 2012