'A two-tier justice system will not just undermine faith in criminal courts but destroy justice itself' - Kevin Foster
"It has been hard to view justice as blind when seeing the actions of what looks like a two-tier approach," says Kevin Foster
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Since 1906 Lady Justice has stood atop the Old Bailey symbolising the principles of justice over the most senior criminal courts of our land.
In one hand she holds scales symbolising the weighing of the evidence and in the other the sword of punishment, symbolising handing down sentences to wrongdoers. Crucially, as I was oft told when studying law, the statute is blindfolded, as justice must be blind, not caring what the person looks like in coming to its judgment.
The statute, in classical Greek style, perhaps serves as a direct rebuff to the story of Phryne, an ancient Greek courtesan, who was put on trial. According to legend, her lawyer, Hypereides, revealed her beauty by tearing off her robe, leading the jurors to acquit her, believing such beauty could only be a gift from the gods.
Yet over recent weeks it has been hard to view justice as blind when seeing the actions of what looks like a two-tier approach.
Someone threatening to kill Ed Miliband was (rightly) sent to prison for three years, but someone who attacked Nigel Farage walked free from court.
A man who launched a violent attack on three women for not wearing traditional dress and putting on make-up got a suspended sentence. Yet a woman who said something offensive on Facebook goes straight to jail.
I am not arguing for one minute there should be different laws for behaviour online, but it cannot be justice that a man who physically assaulted and terrorised three women simply due to their appearance walks free, whilst a single comment sees a woman jailed.
It’s not just the courts, policing has also been under the spotlight. Some protests which might see disorder get a heavy police presence, whilst another where journalists were threatened, a violent assault committed and with knives on display did not because the local police had spoken to so-called “community leaders” ahead of it.
The attempt to defend this situation by Jess Phillips, a Home Office Minister, was jaw dropping and showed little learnt from an election campaign where she herself faced unacceptable intimidation.
Justice being blind means saying certain behaviour is unacceptable whatever the excuse offered for it or the people involved.
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Yet the police can also be victims of a two-tier approach. The appalling attack on the Police at Manchester Airport. Whatever happened next, the two thugs responsible should still face justice for the violent attack they launched, instead they are trying to make out they were the victims not the aggressors.
In the United States, this incident would have had a very different ending. At least one of the officers would have used the gun they routinely carry and been supported in doing so afterwards. Whereas here in the UK, cops faced serious injury whilst dealing with two violent thugs, then demands for inquiries and prosecutions from ill-informed armchair critics.
Our courts and police should not just bend themselves to public will, they are there to enforce the law, not sentiment or hurt feelings (despite what some woke warriors may want). Yet our justice system must be open to challenge and scrutiny when it operates in a perverse or odd way.
Those who rioted or engaged in the recent disorder should face the consequences, regardless of who they are. Yet this must not mean other victims being let down or offenders excused.
Lady Justice has stood atop the Old Bailey for over 100 years. Those who remove her blindfold by creating a two-tier justice system, will not just undermine people’s faith in our criminal courts, but destroy justice itself.