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

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