tag:blogger.com,1999:blog-6110794854146484721.post6709202398359295067..comments2024-03-29T08:05:56.264+00:00Comments on Law and Lawyers: The Magistrates' Courts ~ some reflections on a snowy morningObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6110794854146484721.post-19971459448880369452016-02-12T08:36:12.329+00:002016-02-12T08:36:12.329+00:00I believe that the Auld report was seen to contain...I believe that the Auld report was seen to contain a number of flaws. To my mind, it was the view of Auld LJ and Auld LJ alone and it was produced in a hurry. I was far from sure that Auld even wanted the task of writing a report. <br /><br />There was no appetite to create his "District Court" as another layer in the court structure. Also, many did not like the idea that when JPs sat with a judge they would not take part if any questions of law were raised. Another point was that the defendant would have had the right to be tried in the District Court by judge alone but NOT by JPs alone. I cannot say that I liked his ideas and found them to be somewhat illiberal. With the vastly reduced number of Magistrates' Courts (more cuts announced on 11th February 2016) it will inevitably make the Magistracy less attractive except perhaps to those who live somewhere near a court. Many of my friends became JP simply because it was a LOCAL service. Rather like many stood for election as Councillors or served as School Governors etc.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-27676010382172272222016-02-11T15:39:08.530+00:002016-02-11T15:39:08.530+00:00I seem to remember that the Auld report suggested ...I seem to remember that the Auld report suggested an intermediate level of courts - between magistrates and Crown Courts, consisting of two JPs sitting with a DJ(MC). They would deal with 'either way' level cases: sentencing and trials, and would also take on some more complex summsry cases. What a good idea,I wonder why it was never implemented?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-30726933796399714972016-02-07T20:31:52.142+00:002016-02-07T20:31:52.142+00:00As an aside, we ('lay' justices) used to s...As an aside, we ('lay' justices) used to sit with District Judges in Youth Courts and both we and they benefitted hugely- they from the diversity of our experience and, yes, local knowledge, and of course we from their professional approach, legal knowledge and, generally, competence. A system abolished years ago sadly.Anonymousnoreply@blogger.com