Magistrates – Their Work and Evaluation

The work of lay magistrates in criminal cases - Initial Matters Hear applications for bail under Bail Act 1976 Have the power to grant or extend Legal Representation Orders

The work of lay magistrates in criminal cases - Trials of Summary and Either Way Offences Try 97% of all criminal cases Sit as a bench of 3 Magistrates Hear evidence from defence and prosecution Decide guilt – decide facts and interpret the law - unanimous or majority decision Decide on the sentence Maximum term of imprisonment – 6 months for a single offence, 12 months for multiple offences Maximum fine - £5000 Advised on points of law and their sentencing powers by legally qualified legal advisors

The work of lay magistrates in criminal cases – Sending Serious Cases to Crown Court Deal with preliminary matters for Indictable offences and EWO which are to be sent to the Crown Court Commit all indictable cases and many EWO for trial in CC Can send EWO to Crown Court for sentence if they feel sentencing powers are inadequate

The work of lay magistrates in criminal cases – Other Functions Issue search and arrest warrants Authorise extension of custody to a maximum of 96 hours Sit on appeals in the Crown Court with a Circuit Judge Youth Court – staffed by magistrates – must receive additional specialist training

The role of lay magistrates when dealing with an either-way offence Pre-Trial All EWO start in the MC Defendant (D) gives an indication of how he will plea – called a plea before venue If D pleads guilty: Sentenced at the MC or Magistrates send case to the CC for sentencing if they feel their sentencing powers are insufficient If D pleads not-guilty, decision made about whether the case is heard in the MC or CC. Magistrates decide if they have jurisdiction. If Magistrates decide they don’t have jurisdiction, case is sent to CC for trial If they decide they do, D chooses which court they want to be tried in If both Magistrates and D choose to have case heard in Magistrate’s court, it is heard like a summary offence Either a trial date will be fixed or case will be adjourned for a pre-trial review Pre-trial review (if there is one) –fix a date for the trial taking into account the availability of the witnesses and likely length of the trial At each adjournment, Magistrates make decisions on bail and funding Trial as a Summary Offence Sit as a bench of 3 Magistrates Hear evidence from defence and prosecution Decide guilt – decide facts and interpret the law - unanimous or majority decision Advised on points of law and their sentencing powers by legally qualified legal advisors Post Trial Decide on the sentence Maximum term of imprisonment – 6 months for a single offence, 12 months for multiple offences Maximum fine - £5000 Can commit to Crown Court for sentence if they feel their sentencing powers are insufficient

Advantages and Disadvantages of Magistrates Cost – magistrates are volunteers so a generally cost-effective system. In 2003-2004, magistrates’ expenses = £15 million. To pay professional judges to deal with all criminal cases would cost at least £100 million each year, and switching to CC trials (judge and jury) would be even more expensive Local Knowledge – usually live within a reasonable distance to court, may provide a better-informed picture of local life than judges. E.g. in Paul v DPP, case involving “kerb-crawling”, Appeal Court said that the local knowledge of magistrates made it appropriate for them to hear the case Representative in terms of gender and ethnicity – almost half magistrates are female and 8.5% from ethnic minorities – roughly reflects the general population. But they are not representative in terms of age or class Speed in bringing cases to court – most Ds appear before Magistrates within 24 hours of arrest for preliminary hearing. Those summoned to court tried within a few months. CC trials often start a year after D arrested and charged. E.g. 2011 riots – Magistrates’ Courts stayed open overnight and on weekends to provide “instant justice” which would not have been possible in CC Inconsistency – inconsistency in decision making of different benches - some benches are more likely to impose a custodial sentence then neighbouring benches for similar offences. E.g. 2008 Lincolnshire – 4% of Ds sentenced to immediate custody compared to 14% in Humberside. In 2001 – 21% of those convicted of driving whilst disqualified in Neath, South Wales sent to prison, compared to 77% in mid-north Essex Biased towards police – police officers are frequent witnesses in MC cases and become well known to magistrates. Argued that this results in an almost automatic tendency to believe their evidence. E.g. – Bingham Justices ex p Jowitt – chairman of the bench said where there was a direct conflict between D and the police, his principle was to always believe the police Case-hardened – magistrates hear far more cases than jurors – might become case-hardened and cynical about any defences put forward. Conviction rates in MC higher than CC, but should be noted there are few successful appeals from decisions of Magistrates – less than 1% Unrepresentative – disproportionately white, middle class, professional and wealthy - approx. 2/3 have professional or managerial backgrounds, only 4% under 40, over 50% are over 60. Majority of Ds are young from lower socio-economic backgrounds – so trial by Magistrates not trial by “peers”