From: "Innocent", [EMAIL PROTECTED]
"It would appear from Chris's observations regarding the
actions of UK Magistrates that they too are only obeying orders."
Alistair,
Why you have drawn such an inference is unclear to me?. The point I was
trying to make was that the magistrates do not interpret the intentions of
parliament in the way the judges can when a piece of legislation requires
clarification in the face of a specific case, and whilst precedents may be
set in the Magistrates Court, they do not carry any weight in the way that
cases dealt with in the Crown Court or higher courts do.
Magistrates (apart from Stipendiaries) are not lawyers and have to rely on
their legal advisor for legal guidance, and are required to decide guilt or
innocence and sentences based on the facts of the case, the decisions in
similar cases in the Crown Court and in accordance with the law of the
land. However, the powers of magistrates are fairly limited on the
sentencing options, and general guidance is given by the Magistrates
Association in conjunction with various other bodies on what is the "norm"
for each offence in order that some degree of consistency is achieved
throughout the country.
You will no doubt be aware that for many years it was quite usual to see the
papers publishing details of how similar cases, dealt with in widely
separated places, were disposed of very differently. Now that a basic
starting position has been established, that complaint is less likely to
occur, but there will always be some variance due to the fact that each area
has its own unique issues, and certain offences will need to be dealt with
differently in order to address those variances. The bench will look at the
facts of the case, and with the guideline starting point in mind, determine
the appropriate sentence after weighing up all the aggravating and
mitigating factors. This does not imply that a sentence will always be as
stated in the guidelines because the range of sentencing options is always
open, provided the law permits such a sentence, and magistrates are
permitted to determine whatever sentence they feel is appropriate within the
range available.
I can assure everyone that many magistrates get very frustrated because
they are unable to take what they consider to be appropriate action, but the
law of the land must be obeyed or we descend into anarchy, and Magistrates
take an oath to uphold the law of the land without fear or favour, treating
all people equally. I reiterate that if you want the law changed, speak to
your MP and hope that he or she is capable of hearing and understanding your
point, AND willing to do something about it.
Chris
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