Devon Magistrates (16th November 2022)
Are you 'UP' for the magistrate?
Rick Purnell, Press Officer writes.........
Clare Dash JP and Louise Ferris JP, senior members of the South-West Magistrate Bench and mentors for newly appointed magistrates, gave a slideshow and talk for Teignmouth Probus Club members about the work of the Magistracy in Devonshire. Louise Ferris, JP said ‘ It’s all about local justice for local people by local people. Local knowledge is important’ for example, Plymouth has more alcohol related incidents whilst for Torquay, youth gangs and drug related incidents predominated.
The Justices came into existence in 1361 appointed by invitation only, from prominent male landowners. The first female was appointed in 1919 and the first time a person could volunteer to become a magistrate was in 1979. All walks of life are encouraged to volunteer and any law abiding adult citizen from 18 to 70 years of age can apply. Retirement for a JP is presently aged 75.
The qualities sought are good character, understanding and communication skills; social awareness, intuition and sound temperament and judgement; commitment and reliability but common sense is essential. Any legal qualification not necessary as such advice is always on hand in court. Extensive training, guidance, mentoring and performance appraisals are provided. Presently, modern slavery issues predominate retraining. A JP is required to sit for not less than 25 half days per annum, 1 day per fortnight. To promote fairness, 3 justices sit as a tribunal but there are now more instances of judgements by a single magistrate for example parking, speeding and some other traffic offences.
All criminal cases appear at a magistrate court, who may pass it up to the Crown Court but about 95% of cases are heard by the Magistracy with any appeal going to Crown Court. An accused person may elect for judge and jury in specific instances. A guilty plea at the 1st hearing gets a 1/3rd off the sentence.
The minimum age for a defendant is 10 years and for custodial 12 years with no upper age limit.
Presently shoplifting is increasing and more prevalent at Christmastime. The audience was asked what were the most popular items? Few suggested it was meat and cheese with toiletries at Christmas.
To complete the proceedings, a lively mock hearing took place concerning an assault in a pub with the members offering a verdict as a magistrate. This proved that it is not an easy job and the need for an odd numbers as it was a split decision, however time didn’t permit cross examination to assist the process.
Many questions ensued leading to a vote of thanks proposed by member, Peter Lewis
The subject of our next speaker will be Geoff Rogers about “The History of Langstone Cliff Hotel”
This final meeting of the year on 7th December will be held at the Hotel.