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Harry Brett
JP DUTIES
I have been asked (bullied) by Jenny to put together an article which gives some insight to the duties of a Justice of the Peace or magistrate as they are often referred to. I am aware that there are at least 2 other RPGA members who are also JPs. They are John Berry who sits in the Leicestershire area and Graham Smith who sits at Wakefield and there may be others.
I first applied to be a JP when I was still in service back in 2001. The normal waiting period for a practising governor grade has to be a delay of 2 years after finishing in the service. Anyone who knew my service history will be aware that it was mainly described as ‘excused prisoners’ and so I was given special dispensation by the Duchy of Lancaster to be considered. I needn’t have worried about the time requirement as the whole process in considering your application to being sworn in onto the Bench took nearly 2 years in itself.
My boss at the time, Alison Gomme, gave me a glowing report (she was probably glad to get shut of me if the truth was known) and I received reference from a couple of neighbours and friends. My application was duly sent off and then I waited and waited and just when I had about given up any chance of a reply I was invited for an interview about 9 months after my original application had been sent off. The interview took place at Manchester Magistrates Court and, whilst waiting to be interviewed, I was given a couple of sentencing scenarios to consider which would be referred to later in the interview. The interview panel consisted of 3 experienced magistrates
trained in interviewing skills. They put you through an in-depth interview lasting about 45 minutes where discrimination was a word they had never heard of. The questions asked were so designed to test if I had any prejudices or skeletons in the cupboard which could later embarrass the magistracy. Needless to say they didn’t find them and then I waited and waited for the letter informing me that I had been successful. I was eventually sworn in August 2003.
We then had to undertake training which was quite in-depth, requiring 5 days covering bail applications, remands to custody, sentencing guidelines, human rights legislation, court procedures, role of legal advisor, role of District Judge and finally the competencies required to make a good “winger.” It was explained that you would normally be in a team of 3 with one chair and 2 wingers. It was your role as a winger to support the Chair, ensuring that nothing was overlooked, help by keeping a record of solicitors’ names, ensuring that proper procedures were adhered to by the Chair, finding the defendant on the appropriate page on what could be a complicated and long list of defendants, and finding the relevant sentence guideline if the defendant was found or had pleaded guilty so that the appropriate sentence was awarded. You have to give very good reasons why you go outside the sentencing guidelines. There are certain offences, shoplifting or begging for example, which no matter how often committed, the defendant cannot be sent to prison. You are very restricted as to what sentences you can pass which are based on the charge made by the CPS. Each charge has sentencing guidelines which often have up to 3 levels of gravity. If you go outside the guidelines either above or below, you have to give very good reasons why you have done so.
An example of this would be for a Public Order Act section 3 – Affray would be:
1. For a brief offence involving low-level violence, no substantial fear created – The starting point would be a low level community order with a range of a Band C fine to medium level community order.
2. For a degree of fighting or violence that causes substantial fear – the starting point would be high level community order with a range of medium level community order to 12 weeks custody.
3. For a fight involving a weapon/throwing objects, or conduct causing risk of serious injury – the starting point is 18 weeks custody with a range of 12 weeks custody to remand to Crown Court for sentencing (i.e. you consider that the punishment should be greater than 6 months imprisonment – the limit of your powers for one offence).
You also have to consider mitigating circumstances such as group action, threats, or a lengthy incident which would tend to push the sentence up the range, or did not start trouble, provocation, stopped as soon as police arrived which would tend to push it down towards the bottom of the range. Of course unlike a Governor in a prison you have two other magistrates to assist you in your deliberations and a legal advisor to ensure that you remain within the law (and sentencing guidelines). You are also supplied with sentencing pronouncement cards which ensure that the defendant receives fully the information he/she needs to meet sentence requirements.
Some of the most difficult decisions you have to make are around the granting of bail, especially when violence has occurred (domestic particularly). The presumption, even when the defendant has pleaded guilty, is that they should be granted bail and that you as magistrates should set restrictions that would safeguard the public and especially the complainant or witnesses involved. We have all heard about very serious crimes being committed by defendants on bail, but it is very difficult to justify a remand in custody when their sentence has been for probation reports and the sentence guidelines do not pass the custody threshold. As stated previously, you do not have to make these decisions on your own, you have the benefit of your fellow magistrates’ input. All decisions are made on a majority basis.
Eventually having served your probation as a winger, you can chose to also sit in the Youth or Family Court. I chose to also sit in the Youth court and here your sentencing guidelines are more concentrated on the number of offences previously committed by the defendant, as opposed to the offence. For example, for a youth who pleads guilty and appears in court for the first time you can only give them either a referral order (community penalty) up to a maximum of 12 months or a Detention and Training Order (custody) with a maximum of 2 years , half of which they spend in
custody. Obviously for very grave offences, like the adult court, you can decline jurisdiction and send to the Crown Court which has much wider sentencing powers. What it does mean though is that you are much more likely to deal with more serious offences in the Youth Court than in the Adult court, as a youth can only be given approximately half the sentence that an adult would have been given. The Stephen Lawrence trial is an example where Dobson and Norris only received 15 years because, although they are now adults, they committed the offence as youths. Had they been adults then they could have received a tariff of 30 years.
When time is served as a winger (varies at different courts) then you can be considered as a Chair. You go through a limited training session which is more an awareness of the different role than actual training, but this is followed by a minimum of 4 sessions where you take the chair and you are assessed by a legal advisor and experienced Chair who sits with you as one of your wingers. Not everyone is deemed competent after 4 assessments but they will only be allowed to take the chair when they are considered competent. They may have to undergo continued assessment until they are considered competent or revert to being a winger. Of course when you do get your ticket you have to be prepared to see your name appear in the local newspaper by name. You can’t choose not to be quoted as your name is in the public domain.
I have found the role of JP being very satisfying. It keeps the mind active and you are certainly allowed to use the skills that you picked up working in a prison to good advantage. There are various committees for which you can also elect to be considered, Training and Development, Probation Liaison, Licensing Appeals Committee, Drug Training and Treatment to name a few. You are restricted to the number of sittings that you must complete and a number you should not exceed. This may vary at different courts but in Manchester the limits are set by the Duchy of Lancaster. The minimum is 26 half-day sittings and a maximum of 55 if you sit in just the adult courts, only or 30 and 88 if you sit in both the adult and the Youth or Family court and 45 and 88 if you sit in all three courts. However, anyone who thinks this is potentially lucrative is mistaken. Mileage is paid at 44p per mile, and subsistence is paid only where no meals are available at court. There is considered to be a fine line that means you show a level of commitment but without appearing to become a professional (full-time) magistrate. Manchester has 3 to 4 District Judges sitting on any one day.
We have now combined with Salford as a result of efficiencies, making Manchester and Salford the second largest court in the country. This has also meant that normal progression to being considered a Chair, or for consideration to sit in either the Youth or Family courts, has come to a halt. There are also a number of different ways that the court has previously approached their method of working, especially rota systems. This is causing a little bit of friction at the moment as Manchester is conforming to the Salford method which requires you to say 6 months in advance when you are not available and then the Rota clerk will provide you with your shift pattern. It has meant numerous alterations after the lists have been produced. There is very mixed opinion about the benefit of this type of rota as opposed to the old Manchester system where you would sit on alternate days, e.g. every other Tuesday. There has as a result been quite a high level of resignations, some from Salford because they don’t want to change to Manchester and some from Manchester because they don’t like the changes being introduced.
Magistrates are only allowed to sit until they are 70 irrespective of their personal competencies so I have another 5 years to go. I do get a lot of enjoyment out of being a Magistrate and would recommend it to anyone. It also keeps you involved in something which is stimulating, something which is important when you retire.
