DaveNewcastle
Established Member
I think there might be some confusion here, though understandable confusion.Because a crime has been committed which is a criminal offence. I don't believe the victim should necessarily get to decide on whether the due legal process is followed, least of all by way of deciding their own punishment when the law prescribes what the punishment should be. . . . .
There is Criminal Law (generally brought forward by the Police and CPS), and there is Civil Law, generally brought forward by individuals or corporate bodies.
But it is perfectly reasonable for an individual or corporate body to prosecute a Crime, just as it is for the Police, CPS or NCA to prosecute another party under whatever legislation, Common Law, European Law or other framework that is appropriate. It is perfectly correct for the party bringing the action forward to make their assessment of the remedy they seek. There are guidelines and frameworks for many crimes, but they don't constrain a litigant in the majority of cases. Case Law will.
As for the suggestion that Sentencing in Law is a matter of "deciding [a] punishment", then I despair. I spent a long day in 3 Courts today (the Supreme Court, the Court of Appeal and the Queens Bench), with all 3 considering complex and very high value sentences. But at no point did the concept of 'punishment' ever enter into any of them. I am at a loss to see what this drivel about "punishment" relates to. Not UK Law as applied to passenger rail travel, I'm sure.
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