What do magistrates deal with these days, case wise?
Discussion
I have a vague feeling that magistrates spend the vast majority of their time dealing with minor motoring offences (as they have done from time immemorial), tv licensing issues (been getting a greater load each year since collection was privatised) and railway offences (quite a new one this in terms of the the aggression with which it's pursued even though the laws themselves are over a century old) leaving them little time to do anything particularly interesting.
Is this actually true?
It's probably not tbh, so more relevantly - what do magistrates actually mostly do atm?
Is this actually true?
It's probably not tbh, so more relevantly - what do magistrates actually mostly do atm?
Somewhatfoolish said:
I have a vague feeling that magistrates spend the vast majority of their time dealing with minor motoring offences (as they have done from time immemorial), tv licensing issues (been getting a greater load each year since collection was privatised) and railway offences (quite a new one this in terms of the the aggression with which it's pursued even though the laws themselves are over a century old) leaving them little time to do anything particularly interesting.
Is this actually true?
No.Is this actually true?
I have sat as a magistrate for quite a few years. In the past, most magistrates sat in one court, usually on a bench of three, probably where they lived or worked. Nowadays, it is expected that magistrates will sit in a number of different courts, so each JP will not necessarily have in-depth local knowledge. Single justice working is now fairly common - I don't do it, so I can't comment.
In my area, there are separate traffic courts, though I do not know if that is the case everywhere. These courts tend to deal with cases where totting-up comes into play. Such courts are desperately tedious and are best avoided.
I sit in normal adult courts - I am not a family or youth magistrate. In my area, we still get an occasional traffic case on the adult list. This would usually be drink/drug driving or driving without insurance. It is many years since I last sat on a careless driving or speeding case.
Trials are not especially common, though that might be because of the days that I am available. I often sit on video-link cases: this is usually where the defendant is in prison and is making a bail application, though it can be for other reasons. His or her lawyer might be in court, or they might appear from another location via a computer link. Some courts hear private prosecutions - this is usually the local council bringing cases of illegal waste disposal, littering, and similar issues. Sometimes the RSPCA might bring animal mistreatment cases to the private prosecution court.
So, to come to the nub of your question - what do magistrates deal with these days? In my area, I would say the common offences are criminal damage; being in possession of illegal drugs; shop theft; other theft; various types of assault; possession of offensive weapons. One very common offence now is causing harassment, alarm and distress. The defendant is usually a boyfriend who has been sent packing.
Other types of case that I often find myself on are deciding whether or not to grant bail, and sentencing exercises after a probation service report.
In my area, there are separate traffic courts, though I do not know if that is the case everywhere. These courts tend to deal with cases where totting-up comes into play. Such courts are desperately tedious and are best avoided.
I sit in normal adult courts - I am not a family or youth magistrate. In my area, we still get an occasional traffic case on the adult list. This would usually be drink/drug driving or driving without insurance. It is many years since I last sat on a careless driving or speeding case.
Trials are not especially common, though that might be because of the days that I am available. I often sit on video-link cases: this is usually where the defendant is in prison and is making a bail application, though it can be for other reasons. His or her lawyer might be in court, or they might appear from another location via a computer link. Some courts hear private prosecutions - this is usually the local council bringing cases of illegal waste disposal, littering, and similar issues. Sometimes the RSPCA might bring animal mistreatment cases to the private prosecution court.
So, to come to the nub of your question - what do magistrates deal with these days? In my area, I would say the common offences are criminal damage; being in possession of illegal drugs; shop theft; other theft; various types of assault; possession of offensive weapons. One very common offence now is causing harassment, alarm and distress. The defendant is usually a boyfriend who has been sent packing.
Other types of case that I often find myself on are deciding whether or not to grant bail, and sentencing exercises after a probation service report.
LukeBrown66 said:
I find court file in local papers the most interesting thing to read.
Most of it yes is driving offences, but a lot now are drug related and shockingly a lot are people abusing control orders from men or women not allowed to see them
Whatever you’ve read in a newspaper, it isn’t and never has been mostly driving offences. Most of it yes is driving offences, but a lot now are drug related and shockingly a lot are people abusing control orders from men or women not allowed to see them
I saw a statistic a while ago. Something like 25% of magistrates’ court business is road traffic offences. If that remains correct in 2023 then 75% of magistrates’ court business is other stuff.
All crimes, they will intial hearings to see if the charges have been met and bound offer for referral to crown court.
25% for motoring sounds about right.
Exeter City used to have a separate room in early 2000s for day to day motoring (not death by dangerous), that had 2 JPs and a Solicitor advisor for them, didn't bother with the swearing in of defendants was all a bit summoned to headmasters office for a telling off! They did when I was younger and got caught for like 99mph on the M5.
Family court is run by JPs as well they will rule on disputes or breaches of orders, Special Guardianships etc.
25% for motoring sounds about right.
Exeter City used to have a separate room in early 2000s for day to day motoring (not death by dangerous), that had 2 JPs and a Solicitor advisor for them, didn't bother with the swearing in of defendants was all a bit summoned to headmasters office for a telling off! They did when I was younger and got caught for like 99mph on the M5.
Family court is run by JPs as well they will rule on disputes or breaches of orders, Special Guardianships etc.
Orillion said:
I have sat as a magistrate for quite a few years. In the past, most magistrates sat in one court, usually on a bench of three, probably where they lived or worked. Nowadays, it is expected that magistrates will sit in a number of different courts, so each JP will not necessarily have in-depth local knowledge. Single justice working is now fairly common - I don't do it, so I can't comment.
In my area, there are separate traffic courts, though I do not know if that is the case everywhere. These courts tend to deal with cases where totting-up comes into play. Such courts are desperately tedious and are best avoided.
I sit in normal adult courts - I am not a family or youth magistrate. In my area, we still get an occasional traffic case on the adult list. This would usually be drink/drug driving or driving without insurance. It is many years since I last sat on a careless driving or speeding case.
Trials are not especially common, though that might be because of the days that I am available. I often sit on video-link cases: this is usually where the defendant is in prison and is making a bail application, though it can be for other reasons. His or her lawyer might be in court, or they might appear from another location via a computer link. Some courts hear private prosecutions - this is usually the local council bringing cases of illegal waste disposal, littering, and similar issues. Sometimes the RSPCA might bring animal mistreatment cases to the private prosecution court.
So, to come to the nub of your question - what do magistrates deal with these days? In my area, I would say the common offences are criminal damage; being in possession of illegal drugs; shop theft; other theft; various types of assault; possession of offensive weapons. One very common offence now is causing harassment, alarm and distress. The defendant is usually a boyfriend who has been sent packing.
Other types of case that I often find myself on are deciding whether or not to grant bail, and sentencing exercises after a probation service report.
I can thoroughly recommend sitting in a Magistrates Court as a member of the public for a couple of hours - You'll get an insight into the frustrations of the Criminal Justice system (including the impact of years of Govt cuts), social/economic injustice, compassion, Policing, and the kind of perspective internet warriors never really offer...In my area, there are separate traffic courts, though I do not know if that is the case everywhere. These courts tend to deal with cases where totting-up comes into play. Such courts are desperately tedious and are best avoided.
I sit in normal adult courts - I am not a family or youth magistrate. In my area, we still get an occasional traffic case on the adult list. This would usually be drink/drug driving or driving without insurance. It is many years since I last sat on a careless driving or speeding case.
Trials are not especially common, though that might be because of the days that I am available. I often sit on video-link cases: this is usually where the defendant is in prison and is making a bail application, though it can be for other reasons. His or her lawyer might be in court, or they might appear from another location via a computer link. Some courts hear private prosecutions - this is usually the local council bringing cases of illegal waste disposal, littering, and similar issues. Sometimes the RSPCA might bring animal mistreatment cases to the private prosecution court.
So, to come to the nub of your question - what do magistrates deal with these days? In my area, I would say the common offences are criminal damage; being in possession of illegal drugs; shop theft; other theft; various types of assault; possession of offensive weapons. One very common offence now is causing harassment, alarm and distress. The defendant is usually a boyfriend who has been sent packing.
Other types of case that I often find myself on are deciding whether or not to grant bail, and sentencing exercises after a probation service report.
great post Orillion, more of this please!
An example:-
we usually have around 10 courts each day, some days will have a slightly different caseload as certain days are used for such things as Applications (Utility), Vehicle tax, Prceeds of crime etc.
Usual type of courts -
1 or 2 for Trials
2 for Traffic
1 for NGAP (Not guilty anticpated Pleas)
1 for GAP (Guilty anticipated pleas)
1 non CPS (Council, RSPCA, Statutory Declarations etc)
2 Remand Courts (secure)
1 or 2 Single Justice.
So, no it's not just Traffic and as stated previously, All Crime will come to the Magistrates Court first and decisions then made on Venue, Bail and timescales.
we usually have around 10 courts each day, some days will have a slightly different caseload as certain days are used for such things as Applications (Utility), Vehicle tax, Prceeds of crime etc.
Usual type of courts -
1 or 2 for Trials
2 for Traffic
1 for NGAP (Not guilty anticpated Pleas)
1 for GAP (Guilty anticipated pleas)
1 non CPS (Council, RSPCA, Statutory Declarations etc)
2 Remand Courts (secure)
1 or 2 Single Justice.
So, no it's not just Traffic and as stated previously, All Crime will come to the Magistrates Court first and decisions then made on Venue, Bail and timescales.
pocketspring said:
Somewhatfoolish said:
I notice no one has said anything about rail fare evasion, is that not a big usage of time then?
I worked in the law courts for over ten years and never came across one. pocketspring said:
Somewhatfoolish said:
I notice no one has said anything about rail fare evasion, is that not a big usage of time then?
I worked in the law courts for over ten years and never came across one. PistonHead users will no doubt be interested in traffic matters, but as I mentioned in my previous post, I try not to sit in such courts. On the occasions that I have sat, I have been amazed by the behaviour of defendants. It is rare for them to attend court, and very few brief a solicitor or barrister, so they are not able to present a defence. If they do not declare to the court how much they earn, which is common, it is assumed that they have a relevant weekly income of £440, and fines are based on this amount. A band C fine is usually at a rate of 150% of relevant weekly income. There is also a victim surcharge, which can be substantial, plus prosecution costs.
On similar lines, a local council in my area employs litter wardens, who might dish out a ticket for, as an example, dropping a cigarette butt. Defendants appear not to take these matters seriously, and rarely attend court, so they receive a fine by post, which can be many hundreds of pounds.
Here is a link to a case that I spotted on a newspaper website. I was not on the bench, and I have no connection to this matter.
https://www.sunderlandecho.com/news/crime/sunderla...
Orillion said:
pocketspring said:
Somewhatfoolish said:
I notice no one has said anything about rail fare evasion, is that not a big usage of time then?
I worked in the law courts for over ten years and never came across one. PistonHead users will no doubt be interested in traffic matters, but as I mentioned in my previous post, I try not to sit in such courts. On the occasions that I have sat, I have been amazed by the behaviour of defendants. It is rare for them to attend court, and very few brief a solicitor or barrister, so they are not able to present a defence. If they do not declare to the court how much they earn, which is common, it is assumed that they have a relevant weekly income of £440, and fines are based on this amount. A band C fine is usually at a rate of 150% of relevant weekly income. There is also a victim surcharge, which can be substantial, plus prosecution costs.
On similar lines, a local council in my area employs litter wardens, who might dish out a ticket for, as an example, dropping a cigarette butt. Defendants appear not to take these matters seriously, and rarely attend court, so they receive a fine by post, which can be many hundreds of pounds.
Here is a link to a case that I spotted on a newspaper website. I was not on the bench, and I have no connection to this matter.
https://www.sunderlandecho.com/news/crime/sunderla...
Thank you for the seagull story. I live in the North East and am currently spreading it. Typical Dr Pepper drinker.
It is possible that my perception of the increase in rail prosecutions are being twisted by lurking on Rail Forums.
Orillion said:
Here is a link to a case that I spotted on a newspaper website. I was not on the bench, and I have no connection to this matter.
https://www.sunderlandecho.com/news/crime/sunderla...
Interesting story https://www.sunderlandecho.com/news/crime/sunderla...
Though how do we know the seagull didn't object?
It might be his gullfriend.
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