Task 2. Fill in the blanks to obtain a summary of the passage.

A (1)... magistrate, otherwise known as a (2)... of the (3)... deals with (4)... and criminal cases that are not serious enough to go as far as the Crown or County Courts. Unlike (5)... magistrates, who receive a (6)... and are allowed to sit (7)..., they can claim only (8)... that arise in the course of their (9)... duties. Magistrates handle all (10)... offences as well as some (11) '...' offences, where the defendant prefers a (12)... without (13).... They also decide which cases should be refer­red to the higher (14)..., during what is termed (15)... proceedings.

Text 4

Are Magistrates too lenient* or too strict?

It depends on which newspaper you read and what their angle is. Unfortunately most journalists have never actually witnessed proceedings in a Magistrates Court, and it would seem that some believe what they read in their own paper and what they see on television.

The following flow chart explains in simple terms the sentencing process that magistrates apply in the ADULT COURT and sorry if it’s uncontroversial, but it’s what happens.

Guidlines
Magistrates first consider the seriousness of an offence and look at the suggested entry point for sentence. The Magistrates’ Association produces Sentencing Guidelines which Magistrates use when sentencing. These are just guidelines and offer an “entry point” for most offences. These guidelines are regularly reviewed. These guidelines also assume a Not Guilty Plea* and that the case went to Trial. They also assume that this is the first offence committed by the defendant.

Offence: Aggravation and mitigation
Aggravation and mitigation of the offence is then considered and accordingly the Bench may adjust the entry point suggested by these guidelines. This might increase* or decrease* the level of seriousness*. This may in turn increase or decrease the sentence level.

Examples

• Aggravation – racial motivation, drink or drug related, group action, etc.
• Mitigation – impulsive action, co-operation after the event, etc.

Offender: Aggravation and mitigation
Offender mitigation or aggravation is then taken into consideration and the sentence is passed. This also may increase or decrease the sentence.

Examples

• Aggravation – offence committed while on bail*, previous criminal record, response to previous sentences etc.
• Mitigation – genuine remorse*, personal circumstances, etc.

Reports
Before sentencing, particularly when Community Penalties or Custody* is being considered, magistrates are often assisted by the Probation Service* or Youth Offending Team who produce pre sentence reports. These give additional information and follow an interview with the offender. These may influence the decision of the Bench. These are increasingly being produced on the same day so that the offender can be dealt with as quickly as possible.

Magistrates are also aware of Appeals that have been heard in the Crown Court regarding sentences for similar matters.

An Early Guilty Plea attracts a reduction* in sentence of a maximum of 1/3.
This does not mean pleading guilty minutes or hours before a trial. This means acknowledging one’s guilt at an early stage in the proceedings, showing genuine remorse for the commission of the offence and an acceptance to be punished for that offence.

This structured process ensures a balance across the country so that similar offences attract similar levels of sentence. It must be remembered, however, that no two offences are the same, and comparisons are not usually helpful.

Glossary

lenient – снисходительный (к подсудимому)

a Not Guilty Plea – заявление подсудимого о непризнании себя виновным

to increase – увеличить

to decrease – снижать

the level of seriousness – степень тяжести

on bail – на поруки

genuine remorse – искреннее раскаяние

custody – задержание; лишение свободы; содержание под стражей; тюремное заключение

the Probation Service – служба пробации

reduction – снижение

Дата добавления: 2015-10-31