Book Review: The Secret Magistrate

The office of Justice of the Peace, more often referred to as Magistrate in a contemporary context, traces its origins back more than 650 years to the reign of Edward III.

In every county of the land the King appointed a few noble and worthy gentlemen, some of them learned in the law, and empowered them to "restrain the Offenders, Rioters, and all other Barators", chastise and duly punish them for their crimes, and maintain the peace.

The role of Magistrates has evolved considerably since the days of Edward III, but the fundamental principle remains the same.

As of 1st April 2019 there were 14,348 Magistrates - ordinary men and women, selected from the communities they serve - sitting in the Magistrates' Courts of England and Wales.

Every criminal case starts its life before the Magistrates' Court and more than 95 percent will reach completion there, yet, as a general rule, members of the public know little of what goes on in the courtroom.

Step forward The Secret Magistrate: An inner city Magistrate, with a number of years service under his belt, seeking to give an open and honest account of life on the bench - not just the positives that make it a uniquely satisfying role, but also the frustrations that make it more challenging than it needs to be.

Over the last few weeks I have been privileged to have advance sight of The Secret Magistrate prior to its official publication in October 2020.

Each chapter ostensibly focuses on a different aspect of The Secret Magistrate's duties, beginning with a look behind the scenes of the breach court and culminating with a look at the future direction of the Magistracy in the post-coronavirus twenty-first century.

In between The Secret Magistrate recounts his experiences as a Presiding Justice and winger in every court setting - the remand court, trials court, (not) guilty-anticipated plea court, applications court, police-led prosecution court - as well as sharing his wealth of expertise as an appraiser and mentor.

A skilled raconteur, The Secret Magistrate relives nuggets from his inbuilt case archive in an entertaining and informative way.

In one such case Alan, who spent a night in the cells having been arrested on warrant, was brought before the court in relation to an allegation of theft almost six years earlier. Alan claims he had permission to take a drum of expired cooking oil from outside a restaurant, but it is doubtful there is anyone still working there able to confirm that. The case was adjourned for 3 weeks in the hope that the CPS might reconsider whether the public interest test has really been met!

Charges under the Dangerous Dogs Act are always very serious, because the life of the dog is potentially at stake if the defendant is convicted. The Secret Magistrate recounts a story he heard from a colleague about a chihuahua called Fifi. Despite being small in stature, Fifi was big in attitude. The tiny tearaway had penchant for biting the next door neighbour. Fifi's "daddy" Ian - described as a soberly-dressed, middle-aged punk with an orange Mohican - had some explaining to do when Fifi sank her razor-sharp fangs into the neighbour's leg for a second time. To make matters worse, Fifi was (clearly) not wearing a muzzle at the time as required by a contingent destruction order imposed after her first transgression. With the sword of Damocles already hanging over Fifi's head for the first offence, would the mischievous pooch be thrown another life line?

We also hear the case of Frank, an elderly career burglar with a drink and drug addiction, who admits breaking into an office and stealing £50. Given Frank's antecedence, the bench is certain that the offence crosses the custody threshold but a curveball by his defence solicitor catches them off guard. Will Frank be heading back to prison? Or will he be returning home to spend precious time with his wife?

The Secret Magistrate gives an insight into the difficult decisions faced by colleagues on the bench every day - should a defendant go to prison, or can their offending be better addressed within the community? Should bail be granted, or should the defendant be remanded in custody? Are the court's sentencing powers sufficient, or does this case need to go to the Crown Court for sentencing? It is often a difficult tightrope to walk, as the objectives of the court are not always in kilter with the expectations of the public.

On numerous occasions throughout the book The Secret Magistrate gives a revealing insight into how the court arrives at its sentence. He makes several references to the judicial oath - "to do right to all manner of people, after the laws and usages of this realm, without fear or favour, affection or ill will" - which is clearly at the forefront of his mind in his dealings with every defendant. That sometimes means making a decision the man on the Clapham omnibus disagrees with, but is right given the unique circumstances of the case.

The Secret Magistrates' words are clearly written and his thoughts freely expressed. Legal jargon has been avoided, but a handy glossary has been provided just in case. The text can be easily understood by someone unfamiliar with the workings of the court.

Those reading from an insider's point of view will no doubt be struck, as I was, by how much The Secret Magistrates' views resonate with their own - the frustration of being ready for a 10 am start, when no-one else is; the dismay of serious charges being deflated to lesser ones; the warm glow of helping a defendant who has taken a wrong turn get their life back on track; the smug satisfaction of watching your mentee nail a difficult bail or sentencing decision; the self-consciousness of being the one who peels back the foil on the next layer of biscuits in the retiring room!

The book is very well researched, containing a broad selection of the latest statistics from the Criminal Justice System. It is also full of fresh content, including The Secret Magistrates' views on the impact of coronavirus on the Magistrates' Court and proposed contingency plans for clearing the resulting backlog of cases.

It has been an absolute pleasure to read The Secret Magistrate and I thoroughly recommend it.

The Secret Magistrate is released on 9th October 2020.

It is available on Amazon and in all good bookshops at a cost of £10.99. With Amazon's pre-order guarantee, if the price falls before the book is released you will pay the lower price.

(Note: I have not received anything for composing this review, other than an advance electronic copy of the book. If you order through my affiliate link, given earlier, then I will receive a small commission payment from Amazon at no additional cost to you the purchaser)