Magistrates' Court guidance

Humdinger1

Morning everyone! Though I've not needed your advice so far, as a supporter of truth and justice, I haunt this board and am in awe of the sterling work done by regulars.

This might be a question on which @Coupon-mad and @bargepole have very particular views though know there are others of high expertise here so apologies for not naming everyone.

There's been a story in the news this weekend about erroneous (putting it mildly!) advice given to magistrates about granting mass permission given to hundreds of applications (by energy companies) at a time to install prepayment meters, breaking into the homes of vulnerable customers. 

Different area I know, but there are parallels  with what we see here, no?  I'm not sure if the energy warrants are going through the county courts or at a higher level which might make a difference.  However, the fact that guidance can be issued across a whole sector and class of applications is an interesting revelation to me.  No doubt updated legal consistent advice is one of the things on the agenda of the review in which @Coupon-mad is so involved.

Thanks again everyone.   Who was it who said 'For evil to triumph, it is only necessary that good men do nothing '? Onwards and upwards Humdinger 

patient_dream

The British Gas episode is a disgrace and just another disaster that government lost touch with.   The same as government has lost touch with the damage being done to millions through the scam private parking industry.

The British Gas CEO was on TV pretending he did not know ?  That is a joke, a CEO who is clueless what his company is doing.

Many here will remember that years ago, British Gas were up to the same lark where they pressured an old couple with Debt Collectors ?  The old couple killed themselves ?  

In the private parking industry, government needs to get their finger out before this is repeated.  

We all know that those involved in the great parking scam are idiots, some would say imbeciles, we understand but millions of motorists simply don't.

Hope you will make your voice heard in the so called consultation which is long overdue. Something a kid could do but we are in the hands of yet another government department trying to impersonate a tortoise

bargepole

Magistrates' Courts, which is where these warrants are waved through, are even more of a lottery than the County Courts.

The lay magistrates who sit on the bench are generally not legally trained, and are advised by the Legal Advisor who is usually a qualified solicitor. But they more often than not side with the Police, the Council, or as in this case, the big Utility Companies.

Grizebeck

bargepole said:

Magistrates' Courts, which is where these warrants are waved through, are even more of a lottery than the County Courts.

The lay magistrates who sit on the bench are generally not legally trained, and are advised by the Legal Advisor who is usually a qualified solicitor. But they more often than not side with the Police, the Council, or as in this case, the big Utility Companies.

District judges will often question the need for a warrant first before granting it

patient_dream

Grizebeck said:

bargepole said:

Magistrates' Courts, which is where these warrants are waved through, are even more of a lottery than the County Courts.

The lay magistrates who sit on the bench are generally not legally trained, and are advised by the Legal Advisor who is usually a qualified solicitor. But they more often than not side with the Police, the Council, or as in this case, the big Utility Companies.

District judges will often question the need for a warrant first before granting it

Sadly they don't question very much otherwise this British Gas saga would not have happened

I have a friend who is a magistrate and confirms what Bargepole has said. 
With the right credentials, anyone can apply to be a magistrate even without legal qualifications ?

And as Bargepole says    "But they more often than not side with the Police, the Council, or as in this case, the big Utility Companies".

You have to ask, what idiot magistrate allows this bad behaviour from the big BULLY  Utility Companies ?

The same applies to county court judges when it comes to the parking scammers.
Some are so stupid that one wonders if they are in the early stages of dementia

Grizebeck

There is a difference between a lay magistrate and a district judge though.
More often then not a lay bench will sit rather then a DJ

Boat_to_Bolivia

Grizebeck said:

There is a difference between a lay magistrate and a district judge though.
More often then not a lay bench will sit rather then a DJ

I've often wondered about the criteria for becoming a magistrate.

I knew someone who was and often pitied those who were at his mercy. He was bigoted, sexist,  and very far from just.

I could never understand why he was allowed to cast judgments on others when his decisions were based on his personal opinion of the defendant, rather than fact.

patient_dream

Grizebeck said:

There is a difference between a lay magistrate and a district judge though.
More often then not a lay bench will sit rather then a DJ

That is No exuse for ignorance

Grizebeck

Boat_to_Bolivia said:

Grizebeck said:

There is a difference between a lay magistrate and a district judge though.
More often then not a lay bench will sit rather then a DJ

I've often wondered about the criteria for becoming a magistrate.

I knew someone who was and often pitied those who were at his mercy. He was bigoted, sexist,  and very far from just.

I could never understand why he was allowed to cast judgments on others when his decisions were based on his personal opinion of the defendant, rather than fact.

There is a guard against this (in a fashion)
There is an automatic right of appeal against conviction/ Sentence to the crown court.  No permission to appeal is needed
Where there is a point of law to be argued this can be done by "way of case stated" which is involving a point or the implementation of a point of law.  These appeals are heard in the High Court.