As Sarah Bakewell puts it in The Guardian, The Justice Roadshow,
....the Magistrates' Association suggests is to take courts out of their hallowed premises, and reinvent them as ad hoc, mobile affairs. Magistrates could hear cases in rented commercial offices, or in empty shops in shopping centres – perhaps even behind a glass shopfront, so that everyone can see what is going on. Judicial proceedings would, literally, be more transparent.The idea of setting up Magistrates Courts in Westfield is a very sinister development, as if justice could be dispensed in a "fast-track" manner no less than a pair of Vision Express spectacles. It only serves to back up J G Ballard's dystopian notion that 'consumerism could become fascism'.
......if someone has been picked up for shoplifting in a Westfield mall, what could be more convenient than to try them in that same mall, on the same day? Security guards and other witnesses can go along to give evidence at once, instead of waiting to be summoned.
"Summary justice," as the deputy chairman of the association, John Howson, rather alarmingly phrases it, "should be about dealing with people where they actually are."
The word "summary" sounds shocking here, and so does the idea of the glass window. Young offenders are already demonised by the media; are they now to be physically paraded in front of Saturday shoppers?For a start, Magistrates imposing fast track justice could be used by Westfield security guards to dole out fines and penalties for such offences as loitering without intent and taking photographs or being "anti-social": that is, not buying products and thus not having the fundamental rights consumers have.
Will some relish the chance to show off? And how long will it be before summary punishments become public too? Will those found guilty be dragged straight from the court to the pillory?
For example, though the new government has repealed section 44 of the anti-terrorist act that make it an offence to take photos, Westfield Guards might not be aware of that or might be able to claim that Westfield Policy forbids anybody to take photos inside or outside the huge shopping complex.
Thus Justice shall become a Spectacle in the mall. Perhaps miscreants can be put into gunk tanks and children pay 50p to put green slime over offenders against shopping malls with them forced to hold placards reading,
"I was here not to Have Fun but to Spoil your Day. Make your Day. Gunk me Now" .
Teenage shoplifters could be stood on pedestals with placards with advertising banners instilling the correct consciousness and blending moral injunctions with the relevant aesthetic considerations that bolster the consumer faith upon which British life alone depends with barely an exception:
"Look at my trampy trainers. Don't be a sinner be a winner-Work hard, play hard but never steal from Sports Direct."
Not a single week goes by when Britain does not go down the road to a new form of soft totalitarianism-lite, the main impulse is the need for the consumer economy to be perpetually driven to its limits by transgression, violence and sex, to sell fundamentally new experiences and products.
Could justice and the law be commodified and privatised just like almost everything else has been ? The possibilities are limitless. Consumers could be given prizes for shopping a shoplifter. Consumers could be mystery plain clothes shop detectives defending their favourite shopping malls.
Those who form gangs to drive away gangs or asocial individuals who come without families and take photographs could receive free promotional sports gear for shopping those who do not "share our values" and confiscating their cameras. League tables of results to show which group had defended Westfield most successfully.
Shopping centres tend to simply apply a ban as the ultimate (and sometimes also first) sanction. Take this story of a woman found innocent by the police but guilty by Sainsbury's: http://www.bbc.co.uk/news/uk-england-merseyside-10956763
ReplyDeleteIn such an environment, maybe bringing in publicly accountable authorities - magistrates - would be an improvement over private justice.
Don't give them ideas Karl!!! ;0)
ReplyDelete@Roger,
ReplyDeleteHere there seems to be the idea that Magistrates will gravitate to the "localities", meaning that that "locality" will be the shopping mall.
But how much crime is actually committed in securely guarded shopping malls as opposed to the streets and "sink estates" ?
The article from from the Telegraph reports that these offences,
''should be dealt with as quickly as possible, as cheaply as possible and as locally as possible''.
The introduction of fewer, larger courts to replace more than 100 magistrates' courts that face closure as part of a £37 million cost-cutting drive may not be the best way forward, he said.
''Centralisation may not be the only way of doing it and it may risk compromising both speed and cost effectiveness,'' Mr Howson said
''Pop-up courts in shopping centres would enable crime to be dealt with and punished very quickly.'
Essentially, we see justice reduced to utilitarian criteria of cost/benefit analysis where it should not and cannot belong.
The question here is why it is that shopping centres are supposed to be potentially in the vanguard of wanting "fast track justice".
As opposed to elsewhere. This seems odd to me.
But I have to catch up with how England/Great Britain/Britain/the UK ( delete as applicable ) has changed.
@Roger
ReplyDeleteThanks for that.
The Sainsbury's case is curious as a Nectar Card was used. I had never thought of such loyalty card as real before. Even as much as credit cards.
When I was asked recently "Do You have a Nectar Card", I replied I never use credit cards. I'm behind the times.
In the Sainsbury's case cash was spent in getting those valuable points by canny shopping as opposed to more old fashioned conceptions of living within your means or saving.
Or working for it by overtime. Clearly supermarkets will have a rival currency in future years. Is it real money though ?
Money has been spent on it. Yet not from working. Its abstract value determined by a private corporation, easier to steal and spend but a bit unreal....
Yet private property.....
If I buy a table or a house with money I have worked for, that is my property. As for loyalty card points......I've shopped for them...