Shropshire Star comment: Situation in courts worrying
Two heads are better than one, so the saying goes. But when it comes to the administration of justice, it is questionable whether two beaks are better than one.
A single magistrate, a stipendiary, can make up his or her mind after hearing the facts of a case. It’s swift and it’s decisive.
Now imagine there are two magistrates on the bench. You do not actually have to imagine it because there has been a significant fall in the number of magistrates which, according to the Magistrates Association, is leading to more and more situations in which the bench comprises two magistrates, rather than three, including in trials.
This means that when they disappear into the retiring room to determine the fate of a defendant the range of voices, opinions, wisdom and experience governing the disposal of a case is not as broad as it would otherwise be. The crunch comes in the decision-making process. Magistrate A may take a particular view of the facts, Magistrate B a different view.
If there is no Magistrate C to guide the process in a particular direction, we are left with two people who disagree, which as magistrates leaves them in a difficult position.
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Being magistrates, responsible human beings with a strong sense of public duty, they will work things out.
In the West Mercia area, figures show that the number of sitting magistrates has fallen from 442 to 324. There is only one magistrates’ court in the county these days, in Telford, compared to a generation ago when they would be found in virtually every town.
This means if the magistrates are to be drawn widely from across the county, they are having to travel, which means more inconvenience in what may be very busy lives already. And the fewer magistrates there are available to take on the day-to-day role, the more those who are available are going to be called on.
Her Majesty’s Courts and Tribunals Service says that over the past decade the workload in the court has reduced.
Maybe, but defendants risk receiving fractured justice. And it would be interesting to hear from Shropshire’s magistrates themselves whether they think they are enjoying the easy life, with their much-reduced numbers and extra travel burden.
