Magistrates' Courts (magistrate + court)

Distribution by Scientific Domains


Selected Abstracts


Conditional Bail Decision Making in the Magistrates' Court

THE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 1 2004
Mandeep K. Dhami
In the present study, magistrates made bail decisions on systematically designed hypothetical cases. It was found that on average, magistrates attached more than one condition to bail, and they were limited in the types of conditions they imposed. Although there was no difference in the consistency of magistrates' conditional and unconditional bail decisions, magistrates were more likely to disagree on a case when deciding to grant conditional bail, and they were less confident in their conditional bail decisions. In addition, magistrates' imposition of conditions was affected by both legal and extra-legal factors. Implications for enhancing magistrates' performance are discussed. [source]


The barnacle and the building: a modern morality tale

INTEGRATIVE ZOOLOGY (ELECTRONIC), Issue 2 2008
John S. BUCKERIDGE
Abstract A rare and almost complete barnacle fossil, previously described on the basis of two isolated shell fragments, was recently exposed in a limestone block on the outer wall of Melbourne's Old Magistrates' Courts in Victoria, Australia. These courts comprise one of the oldest and grandest buildings in Melbourne and because of this they have a heritage listing. As heritage-listed buildings are protected from alteration by law, and as removal of the fossil would be deemed "alteration", official permission had to be obtained to extract the specimen. This paper discusses the processes involved with extraction of a unique specimen from a protected building and provides an overview of the palaeontological significance of the fossil. Consideration is given to the likely fate of a fossil of this nature, situated a little below eye level on a busy city street, if it was left in situ; finally, the implications of designating a holotype from material removed from a building are assessed. [source]


Interrogating the Phenomenon of Denial: Contesting Paternity in Caribbean Magistrates' Courts

POLAR: POLITICAL AND LEGAL ANTHROPOLOGY REVIEW, Issue 1 2001
Mindie Lazarus-Black
First page of article [source]


How Well do Sentencing Guidelines Work?: Equity, Proportionality and Consistency in the Determination of Fine Levels in the Magistrates' Courts of England and Wales

THE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 1 2009
JOHN W. RAINE
Abstract: This article considers the scope and potential of sentencing guidelines specifically in relation to the imposition of financial penalties by the courts. Evidence is presented from research with the judiciary in England on the challenge of ensuring equity (that is, equality of impact) in the burden of such penalties, proportionality in relation to the relative seriousness of different offences, and consistency in the pattern of fine levels between individual sentencers and in different courts. The research explored how magistrates and district judges went about deciding levels of penalty to impose in a series of structured fines sentencing exercises and highlighted some of the difficulties in developing a satisfactory methodology to achieve an acceptable balance between the three objectives of achieving equity, proportionality and consistency. Key among the research findings was the prime importance in sentencers' perceptions of ,proportionality', and accordingly the article concludes by considering the consequences of this finding for the design of guidelines on financial penalty-setting. [source]


Sentencing Practice in Magistrates' Courts Revisited

THE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 1 2006
ROGER TARLING
Twenty-five years later wide variations continue to exist despite a significant shift in the sentencing landscape and despite the information and guidance that has been developed to assist magistrates with their sentencing decisions. Recent government reviews have drawn attention to inconsistencies in sentencing outcomes and the Criminal Justice Act 2003 has led to the creation of a Sentencing Guidelines Council. This research concludes that further guidance may not be sufficient. A mechanism to ensure adherence to guidelines may also be needed if greater uniformity in sentencing practice between magistrates' courts is to be achieved. [source]


Core Values, the Magistracy, and the Auld Report

JOURNAL OF LAW AND SOCIETY, Issue 2 2002
Andrew Sanders
In this article I shall first examine the core values underlying criminal justice about which there is some consensus. I then briefly review the current arrangements and decision making processes in magistrates courts in England and Wales before relating the core values to those arrangements and processes. This leads me to certain conclusions about the magistracy that I contrast with Auld's conclusions and recommendations. [source]


Racism in Court: The Experience of Ethnic Minority Magistrates

THE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 5 2006
GWYNN DAVIS
The study was conducted in 14 magistrates' courts in England and Wales. Most of those interviewed had not encountered racist attitudes or behaviour in their dealings with fellow magistrates, but a substantial minority (28%) had perceived instances of racism, and four magistrates (out of 128) believed that they had been subject to unequal treatment at the institutional level. The researchers found that ethnicity intersects with education, social class, gender, and aspects of personality or personal philosophy to determine ease or difficulty of integration within the court environment, and that these factors can also influence ethnic minority magistrates' response to incidents that might be construed as racist. This article explores these intersections. [source]


Sentencing Practice in Magistrates' Courts Revisited

THE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 1 2006
ROGER TARLING
Twenty-five years later wide variations continue to exist despite a significant shift in the sentencing landscape and despite the information and guidance that has been developed to assist magistrates with their sentencing decisions. Recent government reviews have drawn attention to inconsistencies in sentencing outcomes and the Criminal Justice Act 2003 has led to the creation of a Sentencing Guidelines Council. This research concludes that further guidance may not be sufficient. A mechanism to ensure adherence to guidelines may also be needed if greater uniformity in sentencing practice between magistrates' courts is to be achieved. [source]