Justice is a balance act. Ken Clarke was reminded of that when he tried to walk the tightrope this morning – and failed spectacularly. How deep he will fall we have yet to see, but with the opposition clamouring for his head and the Tory right hoping to finally replace him with a more tough on crime and prison works candidate, David Cameron’s dislike for reshuffles and sacking ministers is his best hope.
The outcry was provoked by Clarke’s unfortunate remark that there are types of rape that are more serious than others. He was trying to explain that statistics on average sentences for rape were skewed by cases like consensual sex between teenagers. Of course that makes sense. And so does the remark that cases can ‘vary extraordinarily one from another and in the end the judge has to decide on the circumstances.’ The reason why judges have margins of discretion when they impose sentences is that our justice system takes factors like the circumstances of the crime and the record of the offender into consideration, and rightly so.
Be in no doubt, the remarks were ill-conceived to say the very least. Read the rest of this entry
