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So what sort of cases do magistrates hear? “Everything comes through the magistrates court first, even murder cases,” Cynthia explains, “but they would then be sent to Crown Court. Wakefield and Calderdale get a lot of traffic offences. Then there’s burglary, common assault, ABH (actual bodily harm), theft, and things like not having a TV licence and council tax debt. Neighbour disputes, usually over boundaries or rights of way or noise, can cause a lot of distress.”
As a magistrate, Cynthia must listen to the facts presented by the Crown Prosecution and defence solicitor before making a decision. “You need to look at the evidence and the facts,” she says. “We don’t follow gut instinct as it can be completely wrong”.
Only if someone is found guilty, or pleads guilty, are the magistrates given access to any previous criminal records, and probation service reports are studied before sentencing. These can be particularly helpful when the magistrates responsible for sentencing are different from those who heard the trial. Defendants who plead guilty at an early stage in proceedings can get a reduced sentence as they are not
wasting the court’s, witnesses’ and victim’s time by going to trial.
For the less serious, non-custodial cases there are several options, such as unpaid work, electronically monitored curfews or drug rehabilitation etc. Here magistrates will make recommendations then take advice from the probation service. “Say, for example, a person didn’t do his unpaid work and kept coming back to court, then obviously you’d think twice before giving them unpaid work again and you’d maybe put them on a curfew instead. We also get a lot of probation cases, where people aren’t turning up or applying themselves properly, so they have to come back and either be re-sentenced in a different way, which could include custody, or being given a longer order.” Magistrates can come from all walks of life and each region has quotas so that those appointed reflect the demographic of the area. The application process is rigorous with two interviews followed by induction training. There are six sets of key qualities that a magistrate should have: good character; understanding and communication; social awareness; maturity and sound temperament; sound judgement;
and commitment and reliability. All applicants will be CRB checked and, once accepted, there is ongoing training to keep up with changes in the legal system.
Since becoming a magistrate, Cynthia has completed graduate and post-graduate diplomas in Counselling at Leeds University and sat on the Independent Monitoring Board for HM Prison Wakefield and HM Prison and Young Offender Institute in Doncaster. As chairman of the Calderdale and Kirklees sub-committee and Deputy Chairman of The Secretary of State and the Lord Chancellor’s Advisory Committee on Justices of the Peace for West Yorkshire, her role extends to interviewing prospective new magistrates and conducting investigation hearings on magistrates issues that could be deemed inappropriate to the role of a magistrate.
“I find the role very rewarding, and apart from having children it’s one of the most important things in my life. It was an honour to be appointed and I still feel that way”.
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