why are magistrates to soft when handing down sentnces?

Question

dose anyone know why the law is not working and why magistrates are to soft when handing down sentnces why cant we be like the the us... hard on crime or is there to many pen pussher. let me think what you think please

Answer 1

Magistrates deal with lesser crimes ie not major indictable offences in the magistrates court...major indictable crimes are dealt with by Judges in the District or Supreme court. Any matters dealt with in the Magistrates court generally will not incur a sentence of greater than 3 years. When imposing a sentence Magistrates need to consider the circumstances of the offender, family situation, education, employment and finances, previous offending and how the person has dealt with those penalties (if they have suceeded on a bond before), impact of drug and alcohol use on behaviour, mental and physical health problems, how and why they got involved in the offending. Often people are placed on community bonds if there is a good chance that they will be rehabilitated and if they are not a risk to the community. Bonds can include conditions to address the offenders behaviour eg alcohol and other drug treatment, anger management, dv (domestic violence) courses and psychiatric help. Bonds can also have conditions that ensure that the offender complies like curfews, home detention and corrections supervision. At times sentences of imprisonment can make the offenders behaviour worse (less likely to keep employment or be rehabilitated) and can have a major detrimental effect on members of the community for example the offenders children and partner. Often sentences are a reflection of the government at the time..some politicians are pro rehabilitation whilst others are pro prison (pro community). The community response and the media also play an integral role in the rehabilitation vs prison response to crime.

In response to King Wills...I did mention that the impact of the community (ie the victim or potential victims) is considered in making a decision in sentencing. My personal specialisation is in working in the family violence court where the consequences for the victim/s is paramount in determining sentencing...as it should be...

Answer 2

Hi Shane,

Well to start with a magistrates bench consists of 3 people. 2 of them are lay magistrates from members of the public. The third is the chairperson who will be qualified, often an ex-solicitor.

These people are advised by the clerk to the court, who is also legally qualified.

The main reason that magistrates hand out menial punishments is because of the legal restiction placed upon them by law. Their powers are very limited.

In saying that they can refer a case to the crown court for sentencing if they feel they do not have the power to give the appropriate sentence.

They are also under great pressure from the dept of constitutional affairs to issue community sentences. This does make a mockery of the seperation of powers between the judiciary and parliament. The courts are supposed to be independent of political policy and simply there to interpret andapply the law.

Hope this helps.

Answer 3

Sentencing can only be done within the confines of the law pertaining to the given crime.
Whether the sentencor is a magistrate/judge /whoever they can only administer the penalty(s) they are given the option of in law. If these penalty(s) are not in accordance with constantly changing, flexible, emotional "community standards" so be it. If community standards change -- and the penalty(s) are legally changed to reflect this -- the applicable penalty(s) existent at the time of the crime's commission only can be applied unless in certain circumstances it no longer applies (as in the case of deleted capital punishment for example).

It is generally not acknowledged that the judiciary are expressly forbidden by law to comment on the appropriateness of available penalty options or what they would prefer to have sentenced. This is known by aggressive TV reporters who choose not to inform the public as it would ruin their opportunistic coverage of a "no comment"ing sentencor.

Answer 4

Well, Magistrates are NOT legally qualified - all the legal issues are dealt with by the Clerk to the Justices and sentences are pescribed by law.
Personally I''d like to see the end of this system - it really worries me as it's actually people dispensing justice as a hobby!

Answer 5

It has always been so in the UK.

Maybe these days magistrates feel intimidated by the friends and families of those they sentence. What we need to do is bring back standards of acceptable behaviour in the UK instead of pussyfooting to the 'politically correct brigade' whoever they are!

Answer 6

I notice Sass Blue does not once mention the victim. All we ever seem to consider is the impact of the sentence on the offender and their family. This is the reason why sentences are too soft.

The offenders should be paying more compensation to the victims. This should be deducted from source; wages or benefits.

Answer 7

it costs about £46,000 a year to house one criminal for a full year, so a 3 mth or 6 mth sentence is a percentage of that

because of our 'tough on crime' and open immigration policies our jails are nearing capacity

a few years ago they closed a prison ship stating they didnt need it and now they are paying to have criminals housed on ships again, at even greater cost than keeping the prison ship open

dont we forget we used to send large numbers of our prison population to america, ireland and australia due to our 'tough on crime' policies in the past (there were large penal colonies in each of those countries)

Answer 8

There was a case the other day where 2 queer judges tried eachother !

Answer 9

Because they are all pompous twats, who have no idea what living in the real world is about.

Answer 10

because the jails are full!!!!