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Magistrates’ Association magistrates-association.uk

Peter Chapman, chairman of the Sentencing Committee, leads 25,000 part-time judiciary members across 300 courts in England and Wales. Explore dissatisfaction among local authority and Environment Agency prosecutors, MA's initiatives to address concerns, and how prosecutors can improve. Topics include sentencing guidelines, inconsistent punishments, challenges evidencing previous convictions, fines based on income, and more. Guidance on prosecuting, collaboration with Sentencing Council, and MA's response prioritize environmental offence guidelines.

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Magistrates’ Association magistrates-association.uk

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  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

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