There are a few points I would like to come back on. First – Magistrates are indeed unpaid volunteers and come from all walks of life. I have sat with lawyers, civil servants, businessmen/women, taxi drivers, care workers, ladies who lunch, you name it. I think we are a reasonable cross-section in terms of both gender and ethnicity, more so than when I started back in 2004. The Ministry of Justice has worked hard to get more people from minority communities to join up.Second – both judges and magistrates work within the same guidelines. Mags have a legal adviser to guide us on the law – but we decide on the facts of each case, including verdict and sentencing.Third, soft sentencing – the tariffs are set by parliament not the courts. Inevitably you will find cases of excessive leniency as well as excessive harshness. The press are quick to jump on what they see as excessive leniency (often it involves defendants under the age of 18 for whom a completely different set of rules apply) but they also jump on cases deemed excessively harsh – like the news today of people unable to pay their council tax being sent to prison.Here is a link to the guidelines on carrying a knife (a “bladed article”) but not using it: https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/bladed-articles-and-offensive-weapons-possession/ Threatening to use it generally carries a higher tariff. I think the range is adequate and the maximum about right. And please note repeat offenders now have a new, higher, tariff – and quite rightly so. As for victims of crime, the “harm” section is designed to ensure this is taken fully into account.By the way, “triable either way” means the case can be heard either in the mags courts or the Crown Court. We can always remit for sentencing if we believe it’s so serious that our max 6 months custody is not enough. Now judge for yourself!
Jonathan Callaway ● 2611d