EMBED APPEALS FROM MAGISTRATES COURTS

Miscarriages of justice is a subject about which the public is generally ignorant or unaware until or unless a prisoner convicted of a serious crime is released from prison with a mention in most news bulletins until the next 24 hour headline takes over.  The system of courts is rather like the system of locks on a canal. Enter the first and reach its maximum level (or depth) of water and proceed onwards until desired level is attained to continue a journey. For the courts, be found guilty at crown court level and appeal to court of appeal. Taking a step back conviction and/or sentence at the magistrates court can be appealed at crown court before a bench of a judge and two magistrates with a sentence there being able to be appealed at the court of appeal. Similar steps are in place for the civil courts. Appeals against decisions in magistrates courts are statistically quite rare since the vast majority of cases are summary only and the costs of appeal would scarcely be worth the effort for those convicted.  Statistics of appeals of this nature are now apparently unavailable with the MOJ using the excessive cost get out to avoid disclosure. The latest figures I can obtain are below.  Please use the magnifying tool for comfort.

The main thrust of  this post is that there is a perception amongst defence lawyers that clients have a better chance of acquittal in either way cases by electing trial by jury. Crown court cases are considerably more expensive than in magistrates courts. With those two factors in mind, earlier this year the MOJ extended magistrates courts` sentencing powers from six to twelve months custody.  In so doing the risks and consequences  of miscarriages of justice have increased.  In addition the MOJ with its well publicised programme of appointing an additional 4,000 magistrates by 2025 adds additional possibilities of miscarriages of justice by those newbies being likely to have inhibitions against opposing more senior colleagues` decisions. My personal choice to ensure justice was available to all was, after pronouncing verdict and sentence to offenders, to explain the crown court appeals procedure. I know that very few of my fellow presiding justice colleagues followed my example. A situation unknown to the general public is that decisions of magistrates courts are not necessarily unanimous but are always described as "the decision of the bench". I would propose that that archaic presentation of verdict is now not fit for purpose. I would further propose that any verdict delivered by majority must be immediately conveyed to the offender as being able to be appealed at crown court. It is of course up to the senior presiding judge to recommend such changes. It will take pressure from the legal profession and other bodies eg Transform Justice for those suggestions to be even heard at the highest levels never mind acted upon. Perhaps by 2050 there might be a hint of compliance.