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Something wrong with Swedish justice

The case of US rapper A$AP Rocky concerns an incident which has led to him being imprisoned since late last month, leading to the intervention by President Trump and the rejection of his plea by the Swedish Prime Minister. From the published videos it is obvious that A$AP was being persistently harassed by two immigrant men. There may be more behind this; the original causes are not clear. To judge from the videos, the two men should possibly also have been arrested. It appears, though possibly misleadingly, that Rocky’s action was in self-defence.

It is improbable, though not impossible, that US rapper and his bodyguard would assault a couple of men for no reason at all. That the situation has got to this stage, however, reflects badly on the authorities, no least on the Swedish PM who, following the intervention by Trump, could and should have ordered an immediate investigation as to why this case has got to this point.

Unless a lot happened which was not recorded, I would hope that he will be cleared and the authorities successfully sued for substantial damages for wrongful imprisonment. It should also bring to attention shortcomings in the country’s legal procedures. It is not right that people should be held in what are notoriously harsh prison conditions while awaiting trial, often for several months, especially when in Britain, for example, they would qualify for release on bail.

Whatever the rights and wrongs, and the outcome, of this case, it illustrates yet again the need for reform, with the introduction of habeas corpus, a right to bail unless the charge is for a serious crime (obviously not, in this case), and trial by jury. In Britain, the alleged criminal would have been held in police custody for not more than 24 hours and then charged or released on police bail; if charged, unless there were previous convictions or the charge was for a serious crime, the accused would be released on conditional bail. He would not, as in Sweden, continue to be held in notoriously harsh conditions for several weeks while awaiting trial.

In Britain, the case would not be sufficiently serious to be dealt with in a Crown Court but would be heard in a Magistrates’ court. A first conviction for this charge, assault, would not normally result in a custodial sentence.

Swedish criminal justice seems to combine a defective system with absurdly light sentences for serious crime and a situation where serious crimes frequently never even result in arrests.

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