Magistrates in the Community - South Tyneside Welcome to a presentation by South Tyneside Court ‘Magistrates in the Community’ Team Your Presenter is Tony Davey JP

Magistrates in the Community - South Tyneside Magistrates’ Courts Local Justice For Local People By

Magistrates in the Community - South Tyneside Magistrates (Justices of the Peace) Have been around for a very long time

Magistrates in the Community - South Tyneside The History 1264 – ‘Keepers of the Peace’ appointed 1264 – ‘Keepers of the Peace’ appointed 1361 – ‘Justice of the peace’ established by Royal Act 1361 – ‘Justice of the peace’ established by Royal Act 1905 – Property ownership rule abolished 1905 – Property ownership rule abolished 1919 – First woman magistrate appointed 1919 – First woman magistrate appointed 1979 – Magistrates appointed by application not invitation 1979 – Magistrates appointed by application not invitation 2001 – Review of Magistrates recommends retention 2001 – Review of Magistrates recommends retention

Magistrates in the Community - South Tyneside Who are Magistrates & what do they do? Approx. 29,000 Magistrates in England & Wales Ordinary members of the public from every background Unpaid Not legally qualified Trained Sit on a Bench & deal with many different types of proceedings Deal entirely with approx. 96% of all criminal cases Witness documents & declarations & issue Warrants Retire at 70

Magistrates in the Community - South Tyneside Some More Facts Usually 3 Magistrates sit on a Bench & may be either all men or all women or mixed Usually 3 Magistrates sit on a Bench & may be either all men or all women or mixed Virtually equal numbers of men & women Virtually equal numbers of men & women Required to do a minimum of 26 sittings per year Required to do a minimum of 26 sittings per year Attend regular training Attend regular training

Magistrates in the Community - South Tyneside How are Magistrates appointed? Application Advisory Committee Interviews Recommendation to Lord Chancellor Appointment

Magistrates in the Community - South Tyneside The Different Types of Magistrates’ Court

Magistrates in the Community - South Tyneside Adult Criminal Court All adult criminal cases are dealt with here first All adult criminal cases are dealt with here first Even those destined for Crown Court Even those destined for Crown Court Includes Summons, Charge & In Custody Includes Summons, Charge & In Custody Includes non-Police cases, eg Fail to pay Metro fare Includes non-Police cases, eg Fail to pay Metro fare Public admitted Public admitted

Magistrates in the Community - South Tyneside The Youth Court Made up of a specialist panel Made up of a specialist panel Deals with offences committed by 10 – 17 year olds Deals with offences committed by 10 – 17 year olds Public not admitted Public not admitted

Magistrates in the Community - South Tyneside Family Court Made up of a specialist panel Made up of a specialist panel Deals with Local Authority cases regarding care & supervision of children Deals with Local Authority cases regarding care & supervision of children Deals with cases over contact with & access to children, residence etc.. Deals with cases over contact with & access to children, residence etc.. Public not admitted Public not admitted

Magistrates in the Community - South Tyneside Betting & Gaming Licensing Court Deals with applications for Betting shops, Gaming places, Gaming machines, Bingo Halls etc.. Deals with applications for Betting shops, Gaming places, Gaming machines, Bingo Halls etc.. Appeals against Local Authority decisions regarding Liquour Licences Appeals against Local Authority decisions regarding Liquour Licences

Magistrates in the Community - South Tyneside Fines Enforcement Court Enforces the payment of Court fines

Magistrates in the Community - South Tyneside How are offences dealt with? Summons or Arrest Charge Plea Guilty Not Guilty

Magistrates in the Community - South Tyneside Not Guilty Plea Decide which court Magistrates Crown Court Pre-trial review Trial Decision by Magistrates Guilty Not Guilty

Magistrates in the Community - South Tyneside Guilty Plea – Deciding the Sentence Structured Decision Making Entry point Sentence for a case of average seriousness

Magistrates in the Community - South Tyneside Entry Points Entry Points Guidelines for first time offenders pleading Not Guilty  Theft – Community Penalty  Damage – Discharge or Fine  Common Assault – Community Penalty  Driving whilst Disqualified – Community Penalty  Drunk & Disorderly – Discharge or Fine  Possess offensive weapon - Prison

Magistrates in the Community - South Tyneside Guilty Plea – Deciding the Sentence Structured Decision Making Entry point Sentence for a case of average seriousness Consider Seriousness of offenceSeriousness

Magistrates in the Community - South Tyneside Seriousness of the Offence Seriousness of the Offence More serious  Deliberate  Group  High value  Public Official  Weapon  (Previous Convictions) Less serious  Impulsive  Minor value  Provocation  Co-operated

Magistrates in the Community - South Tyneside Guilty Plea – Deciding the Sentence Structured Decision Making Entry point Sentence for a case of average seriousness Consider Seriousness of offence Consider the Offender

Magistrates in the Community - South Tyneside The Offender The Offender Does anything about the Offender mean the punishment can be Reduced?  First Offence  Regret  Age or Health  Compensation  Co-operative  Guilty Plea

Magistrates in the Community - South Tyneside Guilty Plea – Deciding the Sentence Structured Decision Making Entry point Sentence for a case of average seriousness Consider Seriousness of offence Consider the Offender Decide your SentenceSentence

Magistrates in the Community - South Tyneside Sentencing in Adult Criminal Courts Discharge  Absolute  Conditional Fine Community Order Prison Compensation  Supervision  Curfew  Unpaid Work  D.T.T.O.

Magistrates in the Community - South Tyneside South Tyneside Court Magistrates in the Community Team Thanks for allowing us to come here & give our presentation. If you have any questions please ask them.