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Monday 31 January 2022

Back to School: Magistrates in the Community Visit

It was my absolute pleasure to return to school for a recent Magistrates in the Community visit.

One of my friends is a teacher at the aforementioned school and every year she has the job of getting its Magistrates' Court Mock Trial Competition team whipped into shape. She asked if I would mind visiting one day and I was more than happy to oblige, having checked beforehand with my Bench Chair and Senior Legal Manager (People).

Every year the Citizenship Foundation runs the Magistrates' Court Mock Trial Competition for school pupils aged 12 to 14. There is also a Bar Mock Trial Competition aimed at 15 to 18 year olds. There are regional heats across England and Wales, with the teams being whittled down to an eventual winner.

In the school I visited, the pupils taking part in the competition are 12 and 13 year olds. Over the last few months they have been getting to grips with a fictional case study involving a defendant accused of harassment. My brief was to answer any questions they had about the Magistrates' Court in general and the structure of a trial in particular.

I began by explaining a little bit about the role of the Magistrates' Court, how it was organised and the types of cases it deals with. The audience nodded intently, so I get the impression my friend had done a good job of setting the scene.

I then answered questions along the lines of "have you had any celebrities in court?", "what was the most memorable case you dealt with?", "if you get a speeding ticket will that show on your criminal record?", "where does all the fine money go to?" and that sort of thing.

One of the girls put forward a very good question: "What do you think when you read about cases you have dealt with in the newspaper?". I replied that I am sometimes disappointed that cases are reported with a particular slant instead of giving a complete and balanced picture. I also said that I avoid the comments at the bottom of these articles like the plague!

The inevitable question then arose: "So how many people end up getting sent to prison?". I could see the audience was shocked when I replied "very few". I went on to explain that prison was only an option for certain offences and that it was reserved for those cases that were very, very serious or where all else had failed.

Following up on that question, my friend asked me: "So don't you feel under any pressure to send people to prison? Aren't you concerned about the public perception that the system is a bit soft?". I replied that the court's sentencing decisions are informed by guidelines and the circumstances before it. They are not informed by political or public opinion. For all prison serves as a punishment and deterrent, it does not always address the wider purposes of sentencing - particularly when the sentences imposed by the Magistrates' Court tend to be quite short anyway.

The actual competition would usually be held in a real Magistrates' Court, but apparently it is going to be done via Microsoft Teams this year. This is a bit of a shame, because the competitors always like a bit of a look behind the scenes in the courtroom.

I really enjoyed my visit and appreciated the receptiveness of the audience. I wish them to best of success in the competition.

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