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Day Four - How do magistrates arrive at a sentence?
Inside Justice Week is a public campaign which opens up the criminal justice system to the public, explaining how the system works and looking behind the scenes. The theme for this year's campaign is Justice For All.
Inside Justice Week is a public campaign which opens up the criminal justice system to the public, explaining how the system works and looking behind the scenes. The theme for this year's campaign is Justice For All.Throughout this week, The Evening Telegraph, working alongside the Cambridgeshire Criminal Justice Board and Her Majesty's Courts Service, will show how justice is done locally. More Inside Justice Week features.
Tara Dundon looks at the role of magistrates.
Gordon Smith has been listening to the crimes of hundreds of thousands of criminals for the past 15 years.
With his good character and sound judgement, it is no wonder he was appointed magistrate.
Using his social awareness, maturity and understanding, he along with his two colleagues on the bench, make logical decisions based solely on the evidence heard in the courtroom.
But is it as easy as it sounds?
"I was appointed a magistrate when I was in my 50s, after someone suggested 'I give it a go'," Mr Smith said.
"Although rewarding, it can often be a challenging job and often proves harder than people may think.
"As a magistrate, you should never judge a person by anything other than on the evidence you hear – even if they are up for charges of prostitution and wearing next to nothing in the hope they will impress the magistrate – who turns out to be a woman."
However, when it comes to sentencing, Mr Smith has somewhat of an easier job.
"It is amazing how rarely magistrates disagree on a decision, but that is because we simply listen to what has been heard and with that alone we will decide on a punishment.
"For traffic offences, we literally follow a table which tells us how people should be punished and in more serious cases, including assault, we work on a kind of points system.
"We will look at the case and add points for the aggravating facts such as whether the victim was injured, and take away points for the mitigating facts, whether it was an accident.
"It is all done logically, through a process, and it means we always know we have made the right decision."
When asked whether the city's over-crowded prison prevents him from sending criminals behind bars Mr Smith simply said "no".
"If a crime warrants prison, then we will send them straight away, whether there is room in the local prison or not. But the system has changed over the years and we no longer just send everyone to prison – there are a much wider range of punishments available these days.
"Say, for example, someone is addicted to heroin and that is the main reason behind their crimes. Then we won't just kart them off to prison. We will look at ways to remove the habit and prevent them from re-offending.""In other cases, some people are often not aware of their actions and so we will send them on a course so they can meet victims of crime and really see the consequences of their crime and help them to achieve an understanding that prison doesn't provide.
"The programmes that are on offer are improving all the time and becoming more and more effective.
"We work and follow a format to punish, reform and rehabilitate with the aim of reducing crime and protecting the public."
So why does Mr Smith continue to sit in court listening to horrific and often unthinkable crimes and deciding the fate of thousands of accused across the city?
"The role gives you a positive feeling as you know that you are helping someone and giving them the opportunity to turn their life around, from being a potential hardcore criminal to becoming a good citizen.
"Being a magistrate can often be really frustrating, as the powers you have are sometimes inadequate for a case, but, like any job, you just get on with it.
"At the end of the day it is just a job like anyone else's, that someone has to do."
More Inside Justice Week 2008 features.
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