The Legal Week.co.uk

Liverpool judge hits back at Hogan-Howe gun comments

Posted by Vicky Anderson on March 26, 2008 11:25 AM | 

LIVERPOOL’S top judge has defended his colleagues against criticism from Merseyside’s police chief that they are failing to deter gun crime.

The recorder of Liverpool, Judge Henry Globe QC added the chief constable’s claims that judges were ignoring sentencing guidelines were “potentially damaging” for Liverpool crown court.

Chief constable Bernard Hogan-Howe claimed the fight against gun crime was being undermined by judges who fail in their public duty to hand out the mandatory five year sentence for possession of a firearm.

But Judge Globe insisted that this only happened in ethe only instances where they had chosen not to hand out the minimum jail term were in “extremely exceptional cases”.

He said rare examples included a man who handed a gun into police after being forced to look after it, and a paraplegic who armed himself with a gun after being shot and attacked.

Every case that involves a firearm at Liverpool Crown Court is seen by the Recorder, giving him extensive knowledge of exactly what sentences are handed out.

He said: “I am surprised that there may be any suggestion that the judges are not imposing sentences that they should appropriately be imposing.

“If the police and prosecution are of the opinion that no mandatory term is being imposed or indeed whatever sentence has been imposed is regarded by them as being too lenient they have the right to go to the Attorney General to invite him to refer it to the Court of Appeal to increase it.

“So far, I am aware the number of such referrals is very small.”

Judge Globe said that while he shared Mr Hogan-Howe’s concerns over gun crime, he was certain judges in Liverpool were sending out a clear message to criminals.

He added: “There are many cases where much longer sentences have been given, for example recently a 15-year sentence was passed.”

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