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Well 5 years and 8 days ago, I quit smoking and this thread was born.... The good news, I am still smoke free. I don't vape either...

Good chance that he may get used for target practice in the not too distant future. Especially if he wanders too close to the Mexican border.

You are correct, the Police investigate a reported crime. The evidence collected is then presented to the Crown Prosecution Service, they decide if it is in the public interest and indeed viable that a conviction could be achieved. 

What follows often involves  significant amount of horse trading. IE a Man is arrested for hitting his neighbour over the head with a hammer after an argument over the height of his hedge. He is then arrested at the scene and "charged" with attempted Murder. He appears before a Magistrate who decides if the offender poses a risk to the public or anyone else for that matter, bail applications are made, often granted if you have loads of money and are not a flight risk. Remand is reserved for the more serious crimes and repeat offenders. Some cases are then sent to the Crown Court, others are reserved for the Magistrates (no jury in Magistrates)

Victim does not die but has a large hole in his head, CPS unable to prove 'mens rea' (the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused). In other words did he intend to kill his victim=NO therefore he cannot be convicted for Attempted Murder as there was no actual intent to kill. (we can't convict people for being stupid)

CPS then offer a charge of Section 18 Wounding (you can get a life sentence for that). An expensive solicitor will argue for a Section 39 common assault (summary offence that can only be dealt with in a magistrates court, maximum sentence 6 months custody -33% discount for a guilty plea = 4 months custody). Time served would only be 2 months custody because everyone gets out at the half way point. So a case like this will try to avoid Crown Court because Real Judges tend to be a little smarter and can be quite grumpy.

When CPS stop laughing the Defence and Prosecution shake hands and agree on a Section 47 ABH (assault Occasioning Actual Bodily Harm) with a gentlemen's agreement that custody will not be sought. This is an either way offence, can be dealt with in Crown or Magistrates (see above). Probation write a Pre-Sentence Report outlining that a 'Basis of Plea' has been discussed where all parties agree the victim was probably a bit rude and was accidentally hit over the head with a lump hammer, but he didn't die and the defendant was a bit sorry.

All of the above occurs "before" we are in open Court. After a few findings of fact meetings we then go public. If you plead guilty you can get in and out without too much fuss and bother.

However, if you commit a sex crime and go not guilty the Trial is very public, the press have a right to be in Court and they will analyse every word, every claim and counter claim. Popular celebrities may get public support and the victim is then condemned before the facts have been aired. If the defendant is a bit weird and has been annoying the wrong people, then the Public will consume media gossip like it has been taken from the bible itself,  he or she will then be found guilty before the judge gets to swizzle his gavel.....

Like I said, the system is not perfect, if you are an established player and a professional criminal you can navigate the system to good effect. However, if you are a first time victim of Rape, at the hands of a TV celeb, how confident would you be at reporting that crime? Would you feel that Justice was on your side? 

Please note, any similarities in the above account to a known person is purely accidental. I am not allowed to talk about real people. The Data Protection Act 1998 is an Act of Parliament of the United Kingdom of Great Britain and Northern Ireland which defines UK law on the processing of data on identifiable living people.

Oh, forgott to add that I had a bad day at the office...

Hope this helps

Whilst I have some sympathy for anyone being put before the courts for something they didn't do, trials and examination of the facts must remain open and transparent to all. Allowing the government to conduct trials behind closed doors reminds me of Argentinian justice where people simply disappear without warning.

It should also be acknowledged that The charge of Rape has the worst conviction rate of any crime, victims always face trial by media. They are often suspected of being gold diggers, attention seekers or simple fantasists. This fear of ridicule and shame prevent many victims from reporting their abuse, this allows the perpetrators behaviour to continue unchecked and more victims are then created. 

I guess the point I am making is a victim of a sexual crime has lived his or her experience, in order to get justice they must share that experience with the world whilst being questioned by an over paid lawyers who specialise in making you doubt your own name. The fight is heavily stacked in favour of the defendant because the Court demands proof beyond reasonable doubt. 

Even when a victim Wins, do they really get justice? Seeing your abuser go to prison will not heal the emotional scars. Indeed many victims continue to fear future reprisal, they count the days until the abuser is released. I simply can't imagine how that must feel. So whilst I do feel some sympathy for the innocent offender wrongly accused, it is still nothing to what a genuine victim has to endure.

our judicial system is the oldest in the world, it's not perfect. It is slow and clumsy at times. We do wrongly convict some and the system can be abused by those who understand it.

That said, it is all we have and it does help to maintain a semi-civilised society.

In the eyes of the world we are an "insignificant backwater"

Our politicians remain arrogant, ignorant and oblivious to the notion that the British empire no longer exists. Without American backing this country is a toothless dog in respect of world affairs. 

Even our European neighbours could not wait to say good-bye, they were sick and tired of our political tantrums and suspect that they are counting the days to Article 50 being invoked.

Now we are truly becoming an island state (possibly with a land border with Scotland if the oil price increase). We need to rebuild our national pride, our manufacturing base and standing in the world. 

We do not need any more political rhetoric and posturing. 

Let the Americans elect a clown for president, god knows we have enough of own..

The customers is not always right and you do need to make a living.

My wife runs her own online ink & Toner business and she has had her fair share of moaners too. The most common issue involves customer stupidity 

eg A customer incorrectly bought the wrong set of compatible ink cartridges from our website at a cost of £3.50.

They were dispatched the same day, he complained they didn't fit his printer, after several emails, a phone call and the realisation that HE HAD CHANGED HIS PRINTER, ASSUMED THE CARTRIDGES HE HAD ALWAYS BOUGHT WOULD STILL FIT THE NEW PRINTER.

Well, this customer then expected to return the wrong cartridges (opened and now useless) at our expense and then receive a replacement set which were more expensive anyway... at no extra cost him.

My reaction was "over my dead body",

the wife totally ignored my views and took the loss on the basis of retaining an old customer. He was clearly satisfied and he will order again. My Wife has and will continue to make a small profit from this customer.

I guess you have to consider the merits of your investment in terms of patience and effort. If you will never make a profit from your customer politely advise him to seek an alternative supplier.

I read somewhere that it was a "fat finger trade"

"A human error caused by pressing the wrong key when using a computer to input data. Fat finger errors are often harmless but can sometimes have significant consequences for example, if the wrong number is entered in performing a mathematical calculation."

In short I guess we had another crash in sterling because some fat banker called fatty Mcbutter pants used his chubby marmalade covered fingers to buy more cake on-line.

The poor little man loses his shirt again.

When eating out it is becoming more and more common to be asked if I would like to leave a gratuity when presenting my debit/credit card to the waiter. He or she then hovers over you while you are in effect emotionally blackmailed in to adding at least 10% to an already over inflated food bill and wholly irrespective of the service received.

Just recently the wife and I were eating at a reasonably popular restaurant,  the starter came quickly but was strictly average. Our main course arrived almost an hour later, also being strictly average.

My glass became empty and it remained that way for another hour. No service to be seen anywhere! In desperation, I took the drastic decision to avoid a desert on principle. My wife was so shocked she felt the need to ask if I was unwell.

Another couple sat nearby, obviously experiencing a similar issue remarked "we could all die of thirst" in here. With that the young man jumped up and went looking for a waitress. He returned, waitress in hand, proudly asserting "I told her that you were fed up of waiting too!" 

The waitress was able to apologise before saying out loud;

"If you would like to leave a gratuity, just press YES and follow the instructions" 

I said no...

she glared at me, with absolute contempt in her eyes and through gritted teeth she said "have a nice evening".