NCJ Number
103990
Date Published
1987
Length
11 pages
Annotation
The disparity between British Crown Court and magistrates' courts sentencing for similar offenses can be reduced by developing means to bring magistrates into greater compliance with statutory sentencing guidelines.
Abstract
Although the sources of law governing sentencing for the Crown Court and the magistrates' courts are the same, the channels of guidance for implementing the law in the two courts differ. The Crown Court judge learns law from statute or the law reports; the lay magistrate learns law through the court clerk. In each county, there is a training officer, usually a justices' clerk, responsible to the magistrates' courts committee for the compulsory and voluntary training of magistrates. Clerks are responsible for updating their magistrates on current law. Although clerks are permitted to advise magistrates on all aspects of sentencing, without advising what sentence should be imposed in a specific case, there is no convenient format for the giving of this advice. An improvement would be to require magistrates to meet with their clerks prior to sentencing in each case, so as to discuss applicable sentencing law. The role of probation officers' presentence reports should also be examined to ensure that statutory sentencing guidelines are reflected in the sentencing opinions offered to magistrates. 11 references.