Issue 141 : June - July 2005
Riders Salute Simon
Winging It
Mile Munching Luxury
MAG Magistrate
Easter Egg Run
My Bike
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Riders Salute Simon
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Judge
SB: What made you want to be a magistrate? GM: I have always been interested in the law and taking a law degree was one of the options I considered on leaving school. However, I never thought about becoming a magistrate until, following a conversation about legal and political matters, I was asked if I'd be interested. This happened at a dinner when, unbeknown to me at the time, one of the people sitting next to me was the Chair of the Lord Chancellor's Advisory Committee on the appointment of magistrates for the Avon area. SB: How does one qualify to be a magistrate? GM: There a number of criteria which include:
SB: What's the best thing about the position? GM: That sometimes you are making a real difference to people's lives and, just when you think you've seen it all, you can be presented with a completely new type of case or situation. There have also been occasions where by explaining the biker's perspective on a situation I have been able to influence my colleagues' decisions. SB: Do you see a lot of the same faces coming up before you? GM: Unfortunately yes. There is a hard core although they are a minority who are back month after month. Some of them I've seen in the youth court from the age of 12 and they're now in their 20's. However, most persistent offenders do appear to grow out of it (or at least become better at avoiding capture) by their late 20's although there are a few who continue offending right through their lives. Having done the job for some 16 years I'm seeing the next generation from a few families. SB: Have you made a study of the Law? GM: All magistrates receive legal training and training in court procedures although we are not legally qualified in the way a solicitor is. As part of my professional qualifications in transport and town planning I have studied various aspects of the law and use it in my daily work. Some of this is useful when sitting as a magistrate. In court we have a legal advisor to assist us if legal arguments arise or if we need advice on new case law etc. The magistrate's role is one taking charge of the proceedings, making findings of fact, deciding on guilt or innocence and determining bail and/or sentence. SB: Many bikers get frustrated when someone who has caused a serious or fatal accident is let off with points and a fine. Can you explain why this so often happens? GM: Firstly it depends on what the charge is. This is determined by the Crown Prosecution Service (CPS) having considered all the evidence gathered by the police. The CPS will only prosecute if they consider that, on the basis of the evidence, there is a reasonable chance of conviction. This may mean they go for a lower level charge, eg careless driving, rather than one that is more difficult to prove such as dangerous driving. The court can, of course, only sentence on the charge before it and the range of potential penalties is set out in the relevant Act of Parliament. This may only permit a discharge or fine, for some offences it may also allow a community penalty and for others it will also allow imprisonment. The Court's discretion relates to where within this range the sentence should lie. This is determined on the basis of the culpability of the defendant, their previous record (if any), their plea, their financial and other personal circumstances and also their level of remorse and willingness to make reparation to the victim. The consequences of the action, eg serious damage or injury can be considered as aggravating factors that move the punishment up the available range. If someone is charged and found/pleads guilty to careless driving then the most severe sentence the court can impose is a rehabilitation order (formerly known as probation order) or curfew order. However, if convicted of dangerous driving then our guidelines indicate a prison sentence should be imposed and we would consider sending the case to the crown court for sentence as they can impose longer prison sentences. Where death results from dangerous driving then the case would be dealt with in the crown court by judge and jury. Another important point is that we need to consider intent. A momentary loss of concentration can have the same terrible consequences as persistent dangerous driving but I don't think it would be equitable to punish both in the same way. SB: Do you feel that the law treats criminals too softly? GM: Yes, in some cases. What's frustrating is dealing with people who are persistent offenders. They know that once they have committed a few offences then the punishment they receive for continuing their offending will not be any more severe. SB: Would you agree that the penalties handed down to road users for offences such as speeding are disproportionately harsh compared to those handed down to persistent malicious criminals? GM: In some cases. In fact most speeding offences do not come to court as they are dealt with by the fixed penalty procedure. However, I have no problem with a fairly rigorous enforcement regime for road traffic offences but it needs to be consistently applied by the enforcement agencies be they the police or local government. I am not anti speed camera per se, what I am personally against is the growing trend to impose speed limits that are manifestly too low. For instance, in Somerset there has been a lot of hypocrisy where councillors have criticised speed camera enforcement of the new lower limits they themselves set! If society doesn't want the enforcement then don't set the speed limits. MAG has an important role to play here. Local groups need to be vigilant in reading the public notices in the local press and council web sites and then object to proposals for inappropriate lower limits. SB: Have you ever been threatened by those you have sentenced? GM: I have been threatened but it is quite rare. I was once walking past a pub when this guy came rushing out shouting and swearing that I'd sent his brother down. I just kept on walking and didn't get involved and he gave up and went back. The following week I was taking the fines enforcement court and he was due in. He wasn't so big then and refused to come in as I was due to hear his case! I've experienced a few other occasions in pubs when people have come up to me complaining about either their own or a friend's/relative's case. In these situations while I can't discuss the specifics with them, when I explain the rules we work within they are usually OK. SB: What is the extent of a magistrate's power? GM: This is set out in various Acts of Parliament and judgements of the higher courts. Many cases, eg careless driving, are only triable 'summarily' that means only in the magistrates' court, others are' either way', eg dangerous driving, which means they can be dealt with in either the magistrates' or crown court depending on their seriousness and whether the defendant wishes to have a jury trial. A more limited number are only triable 'on indictment', eg causing death by dangerous driving, which means only at the crown court. The maximum sentence that a magistrates' court can impose is 6 months imprisonment on one offence or 12 months for multiple offences although this may be increased. In respect of fines the law lays down maximum but for some offences there is no maximum in the crown court. All cases start off in the magistrates' court and approx 98% are determined there. SB: Some voices have argued that the lay magistrate's role is untenable and want to see your powers confined to those with legal expertise. What do you think? GM: Lay magistrates are important because magistrates come from all sorts of backgrounds. This ensures that defendants are dealt with by people who are more likely to be their peers and understand the circumstances they find themselves in. Having a lay magistracy also ensures that 'ordinary people' can be actively involved in community life and reduces the gap between the governed and those governing. The courts are therefore more likely to command the respect of the public. Over time, professional lawyers are more likely to become detached from the world outside the legal profession. It is also important that more than one person takes decisions, particularly in trials. Magistrates normally sit as a bench of three and findings are made on a majority decision. Magistrates are not paid (other than expenses) and benches of three professional judges would be expensive. SB: Do you find a great deal of humour in the course of your work? GM: No. Some cases are quite painful and very tragic and often you know you are only hearing a small part of a much larger set of difficult circumstances. However, there is some humour and occasionally it is difficult to keep a straight face. One such case was where the defendant videoed a post box being blown up by fireworks and sent this to the local paper with a threat of further offences. Unfortunately for him he hadn't erased a previous recording of himself which was still on the tape! SB: Do you feel sorry for many of the wretches brought before you? GM: Some of them. Once you get into a downwards spiral it is often very difficult to get out of it even if you want to. This is particularly the case of people with serious addictions. SB: Does this work make you despair of the human race? GM: Sometimes. It does tend to make you more cynical. But now and again you do get positive news of people who have put criminality behind them and made something of their lives. SB: Tell us a funny story about a case that came before you? GM: The most recent was the fireworks case above. Unfortunately some of the funniest I can't repeat, as this would breach confidentiality. SB: Do you think the magistrates that gave Fred Hill 60 days should have been hanged? GM: No. I am not a supporter of capital punishment. But I might reconsider that for the minister responsible for introducing the helmet law. SB: You're not all bad really are you. |
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MAG Western stalwart Geoff Mills has been a magistrate for many years...