Magistrates’ Association magistrates-association.uk

1. Magistrates’ Associationwww.magistrates-association.org.uk • Peter Chapman, chairman Sentencing Committee • 25000 unpaid, part-time members of the judiciary • 300 courthouses across England and Wales • 150 District Judges (Magistrates’ Courts)

2. Today’s objectives • Our understanding of why local authority and Environment Agency prosecutors may be dissatisfied • What the Magistrates’ Association is doing about it • What prosecutors can do to help themselves

3. What grumbles do prosecutors have? • Lack of offence-specific guidelines • Apparently inconsistent sentencing, under use of community sentences and custody • Mismatch between fines and the cost of bringing prosecutions • Lack of court time • Difficulty of evidencing previous convictions

4. How do fines relate to income and offence? • Driving with no insurance • Non-imprisonable, fine is usual sanction • Band C fine - 150% of offender’s RWI • £165 for an offender on state benefits • £1500 for an offender on gross salary of £80000 • Less one third discount for early guilty plea

5. What about environmental offences? • No offence-specific guideline such as for motoring, assault, theft, burglary, etc • High maximum fines – often £50000 instead of usual £5000 for summary trial • Magistrates will sentence on basis of harm and culpability • Fines for personal offenders to be capable of payment within one year

6. Is it worth prosecuting? • CPS have an evidential test and a public interest test • When local authorities express dissatisfaction about low fines, they seem to be applying a cost/benefit test • Is it in the public interest to prosecute an offender of low means if the fine is unlikely to exceed £250?

7. What is the MA doing? • Sentencing guidelines are the sole responsibility of the Sentencing Council • http://sentencingcouncil.judiciary.gov.uk/ • MCSG can be downloaded from their website • We’ve told them that specific guidelines for environmental offences are our top priority • Our request supported by Keep Britain Tidy • DEFRA and WAG have collected data

8. Costing the Earth • Published by the MA • Downloadable as PDF from our website • Guidance, not guidelines • Numerous offence scenarios concerning pollution, health and safety, fishing, wildlife • Has informed comment about appropriate sentencing

9. What can you do?(1) pre court • Have realistic expectations • Research sentences for similar offences • Calculate the savings attributable to operating illegally and unlicensed • Calculate your costs for investigation and rectification • Prepare schedule of aggravating features • Prepare community impact statement

10. What can you do?(2) in court • Recognize that for the bench, environmental prosecutions are rare • Help them assess harm and culpability • Identify commercial activity • Offer to give details of other cases • Ask for driving disqualifications and vehicle forfeiture if appropriate

11. What can you do(3) outside court • Speak to the justices’ clerk/legal team manager • Offer to run awareness sessions at magistrates’ training • Please keep the Magistrates’ Association informed of concerns and developments