Agenda item

A representative from Magistrates in the Community and Community Engagement project will attend the meeting to explain to residents the role of magistrates, their powers and how they decide on sentences.

Richard Goodacre (RG), Magistrate, spoke about the York Magistrates’ Court.

4.1He introduced himself and his colleague who also contributed to the presentation. The purpose of their visits to this round of ward committees is to dispel myths and misunderstandings about magistrates.

4.2Magistrates are volunteers, and their role is almost unique.  The first ‘justices of the peace’ came about in 1362, so the tradition has been going a long time.

4.396% of all crime is dealt with by the magistrates. The remaining 4% are the very serious crimes which get dealt with by the crown court.  Their role is to hear evidence in trials and come to a decision about the appropriate sentence.

4.4The magistrates now have the power to use problems in local communities (‘aggravating features’) as part of their decision-making guidance.  This came through the Criminal Justice Act 2003.  They are interested in hearing about the local community’s concerns to give them an understanding of which problems are considered prevalent in the local area.

4.5The magistrates usually sit in groups of three to make decisions. The presence of three opinions form a safe system.

4.6Sentencing depends on a mixture of aims: punishment, rehabilitation and protection of the public.

4.7The advantage of the voluntary nature of the role is that magistrates are completely independent. They try very hard to act on the best interests of everyone. They are not under any obligation to the government. The judicial oath is sworn directly to the sovereign.

4.8If anyone is interested in coming to the court, they can organise a visit including a tour and an explanation of the court in action.

4.9Richard Goodacre’s colleague, Erica Taylor (ET), spoke about the sentencing powers of magistrates and sentencing guidelines.  There are five levels:

·       Absolute discharge, which is rare.

·       Conditional discharge.

·       Fine, which is used most often.  The fine will be based on income which includes benefits.

·       Community order, including one or more requirements out of a choice of 12, for example, community payback, curfew or the Think First programme.  This sentence is organised by the probation service.

·       Custody. The maximum the magistrates can give is 6 months for 1 offence, or 12 months in totality.  However, if they believe that more than this is required they have the power to submit the case to the crown court for final sentencing.

4.10            Sentencing guidelines:

1. When someone is found guilty there is a process they must follow to be consistent.
2. We look at how serious the crime was and the offender’s history.  The objectives of the sentence vary, depending on the offender. Protection of the public is the primary aim, and this can be achieved either immediately, by locking the offender up, or in the long-term, for example through rehabilitation programmes, which aim to break a pattern of behaviour.

4.11They use the sentencing guidelines as given by the independent body, the Sentencing Guidelines Council.  Even though these guidelines are necessary in order to maintain consistency, they do have the power to sentence outside of the guideline, but reasons for this must be valid and declared in court.  Sometimes it is necessary to take into account people’s financial circumstances, so penalties are relevant to the offender’s income.

Q. What are the minimum time requirements to be a magistrate?

RG: You are expected to sit for 24 ½ day sessions or 12 full day sessions, as a minimum. However there are training commitments, meetings and briefings to attend too. If you would like to find out more about the details look on the DirectGov website, www.direct.gov.uk

Q. Can local residents put forward suggestions for community service?

RG: Magistrates cannot specify the type of community service an offender is given, that is the responsibility of the probation service.

MS: If residents have specific schemes or ideas in mind then pass them onto the Neighbourhood Management Officer and we will pass them onto the probation service.