What a treat! We had such an interesting talk from Callum Bremner,
High Sheriff of Dorset and Justice of the Peace. Callum informed us that Dorset has had a High Sheriff for over a thousand years. The role now is, thankfully, less risky than in previous centuries when High Sheriffs were sometimes murdered because of their responsibility for tax collection! They also had to pay for an army and keep law and order. These days the focus is much more on support of community projects.
Callum went on to speak about his position as a Magistrate, serving in Criminal and Family Courts. He explained how modern Family Courts have a focus on the welfare of children in particular and how a new Pathfinder System supports the Family Court in trying to resolve problems before they reach Court.
Cases which reach Crown Court, (usually the most serious offences, with a jury) go through a Magistrate’s Court first. This is partly to make bail arrangements if necessary or incarceration if required. Although Magistrates decide whether to refer a case to Crown Court a defendant can request this, a possible incentive being that the waiting list for Crown Court can be three years and a case may fail if witnesses drop out etc. Callum explained that recent proposals to have a hearing with a Judge and two Magistrates (without a jury) could help reduce the delay for Crown Court hearings. Although Magistrates’ sentencing powers are more limited, they can find a case guilty and refer to a Judge to impose a higher sentence. They can also make referrals for community service of various kinds and can be approached for ideas relating to this. If found guilty the maximum fine that can be imposed is ‘unlimited’ because it is based on that individual’s income. The money goes to the Treasury. Magistrates can also give a suspended sentence. Being drunk and disorderly is a fairly common misdemeanour but the most common is speeding. As this is so common it is not a criminal offence and is punished with a fine and points on the driving licence.
Three Magistrates sit at Criminal or Family Court, each for a minimum of twenty six half days per year. They are expected to be ordinary lay people but have some training in procedural law and consideration of evidence. They are expected to use ‘common sense’ but have a legal advisor to offer guidance on legal precedents. Having understanding and empathy for the ordinary person is important and Callum emphasised that each case has its own individual story and context. Although there are roughly equal numbers of male and female Magistrates in Dorset, Callum estimated that at least eighty per cent of the defendants are male.