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WISE HEADS ON YOUNG SHOULDERS?
Teenage magistrates could soon try,
convict and sentence defendants appearing in court.
Law chiefs in Nottingham are encouraging people as
young as 18 to apply for the bench. Until now, no serious consideration
had been given to candidates under 27. But that could change after
directives setting out who should and should not be trained as a JP were
relaxed. At Nottingham Magistrates' Court, where the youngest magistrate
is 33, only five per cent of JPs are below 40, while 38% are over 60.
Welcoming the new move, chairman of the bench Colin
Slater said: “I personally would have no difficulty sitting alongside a
magistrate much younger than myself; I believe they have a healthy
contribution to make.” Mr Slater said the same criteria would be used to
appoint all magistrates, regardless of age. “Everyone gets the same
training, and younger magistrates would be just as qualified to carry
out duties and reach the right conclusions as their older colleagues.”
In law it has always been possible for anyone aged 18
to 65 to apply to become a magistrate. However, in previous guidelines
issued to magistrate advisory committees — regional bodies which recruit
JPs — it was noted: “The Lord Chancellor will not generally appoint a
candidate under the age of 27 or over the age of 65.” Now in the first
new directions issued since 1997, the present Lord Chancellor, Lord
Falconer, has dropped the line excluding candidates under 27.
Graham Hooper, Justices' Clerk at Nottingham, said Lord Falconer had,
when he visited Nottingham last November, intimated he would consider
lowering the age band. “It's welcome but I don't think we'll see a lot
of 18-year-old magistrates. Hopefully, some will come through,” he said.
“I believe young people could bring an understanding to issues affecting
other young people. But a magistrate needs a degree of maturity. The
younger you are, the more difficult it is to show maturity and general
rounded character.”
Nottingham Magistrates' Court held an open day on
Saturday , partly aimed at attracting more volunteers to come forward to
train as magistrates. As reported in the Evening Post last week,
Nottingham is short of around 100 magistrates, representing 20% of the
number needed.
John Hammond, Nottinghamshire chair for the Police
Federation said: “It's only right that magistrates should reflect
society. Age and experience should not mean a monopoly on the position,
or stop objectivity. It's about dispensing justice fairly and without
discrimination, and what best serves the needs of society.”
Frances Crook , director of The Howard League for
Penal Reform, which works for the rational reform of the penal system,
said: “It's quite right 18-year-olds can be magistrates, I don't see how
people could have a problem with it.”
Graham Allen, MP for Nottingham North, was also in
favour of the move. “If people are good enough, they're old enough, and
they have a contribution to make. Anything which helps keep magistrates
in tune with society, and makes them more representative of our
communities is a good thing. I would urge those young people who might
be interested to come forward, if they are prepared to do the training.”
What Nottingham's candidate pool thinks about
sitting on the bench
Although the Lord Chancellor's decision has been
welcomed by Nottingham Magistrates' Court, young people are unsure about
the plan.
“I have to think it's not very clever at all,” said
17-year-old Ruhina Begum, an A-level student at Greenwood Dale School in
Sneinton. “It's very young; at that age I think you have other things to
be thinking about, such as work and university.”
“Plus you have less understanding, you're still developing, I don't know
how you could take it seriously.” Ruhina, who hopes to study psychology
and criminology at university, said she could not even consider becoming
a magistrate at 18. “I just wouldn't have the time at the moment,” she
explained.
Sanam Shah, 18, who is also studying A-levels at the
school, said although she could not imagine volunteering, her friends
might. “I think it would be good if some 18-year-olds did it, but I
don't think I would be very interested in becoming a magistrate.”
“I could see some of my friends looking forward to doing something like
that and getting involved. “But I think the older generation might not
be happy if they believe younger magistrates are not mature enough.”
At Trinity School, in Aspley, opinions were divided
among A-level students.
“In a way I don't think people that young should be
magistrates,” said 17-year-old Joseph Peck.
“A lot of decisions magistrates make will be based on their own
experience. At 18 you don't have a lot of experience, although I quite
like the idea of being a magistrate myself.”
Hayley Dimmock, 17, said: “I don't think people would
completely trust the judgment of magistrates that young.”
Joseph Pakenham, 17, said he thought one solution
would be to have young magistrates trying only young people.
Roison Ratcliffe, 17, said she thought the idea made
sense. “There seems to be more older magistrates than young, so we're
under-represented. But I think it would be quite a commitment if you
wanted to do it.”
Stephen Bevan
29 June 2004
http://www.thisisnottingham.co.uk/displayNode.jsp?command=newPage&nodeId=133941&contentPK=10449274
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