Those who got sentenced in magistrates …
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Did you feel you got a fair outcome or did you wish it went to crown?
Oh's solicitor thinks it is a good thing and very positive that we should get sentenced in magistrates (agreed at plea hearing but judge on the day may chose to override and send to crown anyway) but there's been a few comments on this forum saying crown is fairer, just wanting experiences from those who have actually been sentenced at magistrates x
Oh's solicitor thinks it is a good thing and very positive that we should get sentenced in magistrates (agreed at plea hearing but judge on the day may chose to override and send to crown anyway) but there's been a few comments on this forum saying crown is fairer, just wanting experiences from those who have actually been sentenced at magistrates x
My partner was sentenced at crown. The only thing I didn't agree with, which was nothing to do with the judge or the magistrates was the length my partner got on the SOR... 5 Years is a disgusting amount of time to be in the register after a charge of three images.
But it's the way the sentencing guidelines deem it to be when you get the community order he did. They couldn't choose for example 3 years on the register... It's just the way it is... I questioned this... The solicitor told me during court.
I think if it had gone to crown I'd have died not know what to do. Crown for my town anyway means papers. I honestly think the digital news outlet that wrote the article deserve a life ruiners award. People will say ' oh but he's a peado and a nonce who ruined his own life'... But did he deserve to be publicised like that with a road address for three sodding images. I almost wish he contested it now tbh... Three images sounds like they were grapsing at straws.
But it's the way the sentencing guidelines deem it to be when you get the community order he did. They couldn't choose for example 3 years on the register... It's just the way it is... I questioned this... The solicitor told me during court.
I think if it had gone to crown I'd have died not know what to do. Crown for my town anyway means papers. I honestly think the digital news outlet that wrote the article deserve a life ruiners award. People will say ' oh but he's a peado and a nonce who ruined his own life'... But did he deserve to be publicised like that with a road address for three sodding images. I almost wish he contested it now tbh... Three images sounds like they were grapsing at straws.
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Just to present an alternative view on magistrates - a family member used to be one, and while some appear to be from a privileged background, many are not. It's like everything in life, some are good and some are less good.
They have to have more than 6 hours training to start sitting on the bench and undergo continuous assessment. The ones I have met take their responsibilities very seriously, knowing the impact their decisions will have.
Oh, and by the way, most of them have very little time for social services!!
Anyone can apply to be a magistrate, the justice system has always actively wanted to broaden the range of people who are magistrates but obviously they have to be vetted etc. The biggest problem with broadening the base is getting people who can commit to the amount of work needed and whose employer will let them have the time off to meet their magisterial commitments.
But they still have to apply the law, they have to abide by sentencing guidelines and evidence rules in the same way a judge does and in many ways they are far more in touch with 'ordinary people' than a judge is. At times they also sit with judges in Crown courts and I know the judges value their opinions as being more in touch with everyday life than the judge is.
They have to have more than 6 hours training to start sitting on the bench and undergo continuous assessment. The ones I have met take their responsibilities very seriously, knowing the impact their decisions will have.
Oh, and by the way, most of them have very little time for social services!!
Anyone can apply to be a magistrate, the justice system has always actively wanted to broaden the range of people who are magistrates but obviously they have to be vetted etc. The biggest problem with broadening the base is getting people who can commit to the amount of work needed and whose employer will let them have the time off to meet their magisterial commitments.
But they still have to apply the law, they have to abide by sentencing guidelines and evidence rules in the same way a judge does and in many ways they are far more in touch with 'ordinary people' than a judge is. At times they also sit with judges in Crown courts and I know the judges value their opinions as being more in touch with everyday life than the judge is.
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Polly Pocket, if you seriously would like to try to become a magistrate, why don't you apply? Just Google become a magistrate.
As I said, I know the justice system is always trying to broaden the range of people who are magistrates.
As I said, I know the justice system is always trying to broaden the range of people who are magistrates.
Another tale of experience with Magistrates...
Someone I care about very much had a massive decline due to mental illness and was having manic episodes, unfortunately this led to them hitting someone which they were charged with and then a couple of other silly things after that. Without blathering on too much the person was basically child like as well as being wreckless (they were meant to be sectioned previously but ss didn't pull their fingers out) and in court the Magistrate acknowledged how child like they were, let a lot of stuff slide and released them. She made many fair comments and I was actually shocked at how fair and understanding she was.
Someone I care about very much had a massive decline due to mental illness and was having manic episodes, unfortunately this led to them hitting someone which they were charged with and then a couple of other silly things after that. Without blathering on too much the person was basically child like as well as being wreckless (they were meant to be sectioned previously but ss didn't pull their fingers out) and in court the Magistrate acknowledged how child like they were, let a lot of stuff slide and released them. She made many fair comments and I was actually shocked at how fair and understanding she was.
Sorry Lee, but magistrates do not have to have any involvement with charity work. My family member never had.
The work done as a magistrate is not paid though so could be classed as charity work ;-)
The work done as a magistrate is not paid though so could be classed as charity work ;-)
What they don't get paid?? They do it for FUN?!
the main judge at plea hearing was pretty damn scary, the other 2 seemed to listen and take on board what was being said.
Mixed bag of reviews there ladies, it is what it is. I wish I was waking up next Saturday for this part all to be over x
the main judge at plea hearing was pretty damn scary, the other 2 seemed to listen and take on board what was being said.
Mixed bag of reviews there ladies, it is what it is. I wish I was waking up next Saturday for this part all to be over x
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Lee, not offended at all :-).
Just wanted to try to help people understand the system a bit.
Fully agree that judges have a much better knowledge of law, but sometimes they are a bit out of touch with real life - they can live in a bit of a bubble. Sometimes that's a good thing, judges have far more experience of sentencing in sex offence cases than magistrates but that may be changing with the increased sentencing power magistrates now have.
Magistrates do have to follow the same sentence guidelines though and their decisions are scrutinised - they certainly can't just do what they want. And they have plenty of experience in assessing mitigation as well as aggravating factors because of all the other cases they handle - don't forget that the vast majority of crime is actually dealt with by magistrates.
And Jayjay, no they don't get paid, they do the work voluntarily because they know how important it is. Admittedly, some probably go into it for the sense of power but they tend not to last long with that attitude.
Just wanted to try to help people understand the system a bit.
Fully agree that judges have a much better knowledge of law, but sometimes they are a bit out of touch with real life - they can live in a bit of a bubble. Sometimes that's a good thing, judges have far more experience of sentencing in sex offence cases than magistrates but that may be changing with the increased sentencing power magistrates now have.
Magistrates do have to follow the same sentence guidelines though and their decisions are scrutinised - they certainly can't just do what they want. And they have plenty of experience in assessing mitigation as well as aggravating factors because of all the other cases they handle - don't forget that the vast majority of crime is actually dealt with by magistrates.
And Jayjay, no they don't get paid, they do the work voluntarily because they know how important it is. Admittedly, some probably go into it for the sense of power but they tend not to last long with that attitude.
So PSR has been done and is recommending a community order. I was happy with that then
Solicitor says PO never recommends custodial and a community order is very unlikely due to a few cat A iioc and the Best we can hope for is a suspended sentence due to sentencing guidelines on cat A. I'm really upset as had hopes up for a community order after him saying that.
has anyone got any experience of this please?
Solicitor says PO never recommends custodial and a community order is very unlikely due to a few cat A iioc and the Best we can hope for is a suspended sentence due to sentencing guidelines on cat A. I'm really upset as had hopes up for a community order after him saying that.
has anyone got any experience of this please?
One thing to bear in mind too is that the court doesn't see a community order as a 'softer' option compared to a suspended sentence. Both are considered similar to judges, but with a community order there is monitoring and rehabilitation requirements for three years whereas there's only that for two years for suspended sentences.
The time on the SOR and the SHPO are shorter if you get a community order, but that's the main difference.
we had a community order recommended by probation, and your solictor is right that it's rare a PSR will say anything other than this. But there are a few options open and available, and like Lee said it's always down to the judge on the day.
keeping everything crossed for you x
The time on the SOR and the SHPO are shorter if you get a community order, but that's the main difference.
we had a community order recommended by probation, and your solictor is right that it's rare a PSR will say anything other than this. But there are a few options open and available, and like Lee said it's always down to the judge on the day.
keeping everything crossed for you x
I'm gutted Lee, it gave me a little bit of hope, although I know it does depend of the judge on the day. I mean he still could end up in crown if the panel decide this week that there are grounds for it, I really hope not as that would be another 4 weeks of waiting. I want it sorted this week.
the solicitor also said NOT to do an accountability statement and that it was unusual to do so when sentencing in magistrates, his main target is to keep it in magistrates and that's what he'll be trying to do on the day. He said definitely to character references though.
I wish this week was over x
the solicitor also said NOT to do an accountability statement and that it was unusual to do so when sentencing in magistrates, his main target is to keep it in magistrates and that's what he'll be trying to do on the day. He said definitely to character references though.
I wish this week was over x
Thanks pregnant. I'd be feeling slightly more positive if it wasn't for these few cat As.
Im assuming he should still take a prison bag just in case? X
Im assuming he should still take a prison bag just in case? X
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I know Lee I was quite shocked.
I think as they agreed at plea, to sentence at Magistrates they did stipulate that when it came to sentencing - if the panel/judge deemed that it should have gone to crown they can still decide to send him there if they feel it is outside of their remit.
I'm so hoping they will think ' if the last panel said yes to magistrates sentencing then we will do it'
I think he thinks the hardest part will be persuading them to stay in magistrates because of the cat a's maybe?
I think as they agreed at plea, to sentence at Magistrates they did stipulate that when it came to sentencing - if the panel/judge deemed that it should have gone to crown they can still decide to send him there if they feel it is outside of their remit.
I'm so hoping they will think ' if the last panel said yes to magistrates sentencing then we will do it'
I think he thinks the hardest part will be persuading them to stay in magistrates because of the cat a's maybe?
Hi JayJay
My ex had to go to Crown court as the magistrates felt they couldn't make the sentence due to the numbers. As previous people have said the judges go on the sentencing guidelines due to mitigating factors, these are number of images, what cat, any videos and categories, age of victims, length of time they were looking at images and remorse. For instance the judge in my ex,s mentioned that he had lied to the police saying that there would be no Cat A images the judge felt that he was waiting to see if they found anything else, also although doing course's the judge felt that he should have done this years ago and that he was "blaming other people for his actions". My ex got 6 months for making and possession with 5 charges, 10 year on the sex register and SHPO. As mentioned here before every case is different which is why the sentencing is different.
If it goes to Crown your solicitor will be able to give an idea of what the sentence will be, hope this helps .
Bereft
x
My ex had to go to Crown court as the magistrates felt they couldn't make the sentence due to the numbers. As previous people have said the judges go on the sentencing guidelines due to mitigating factors, these are number of images, what cat, any videos and categories, age of victims, length of time they were looking at images and remorse. For instance the judge in my ex,s mentioned that he had lied to the police saying that there would be no Cat A images the judge felt that he was waiting to see if they found anything else, also although doing course's the judge felt that he should have done this years ago and that he was "blaming other people for his actions". My ex got 6 months for making and possession with 5 charges, 10 year on the sex register and SHPO. As mentioned here before every case is different which is why the sentencing is different.
If it goes to Crown your solicitor will be able to give an idea of what the sentence will be, hope this helps .
Bereft
x
Thanks both. It's a low number (30) over a week period and lots of positive mitigating factors but the bag is packed just in case :( x