'Your Worships'; UK magistrates oversee range of cases

OXFORD, UK ----At Oxford (UK) Magistrate’s Court, court matters can be a hodgepodge of criminal cases.

It’s like a morning session at Allen County Superior Court during initial hearings.

Tuesday (April 29), the first one to appear was Aaron Dos Santos, probably somewhere in his 30s, who got cross with court officials for not producing his papers. The officials he criticized included the three seated magistrates, the legal advisor and the prosecutor who did appear a little disorganized.

Down the rabbit hole. Magistrate's Court in Oxford, UK varies on procedure from the U.S. but not the usual desultory range of charges.

Appearing on CCTV from thenThames Valley jail across the road, Dos Santos was downright irritated when he told the court that he “already admitted a couple of times on camera” that he’d assaulted a co-worker. 

If and when he got his papers, he told them, “then we can proceed professionally.” Then he disappeared from the camera.

In the UK, the courts don’t issue a probable cause, but something called “reasonable suspicion.” It’s not generally available to the public or even the press. The one reporter I talked to at Oxford Crown Court said there was one online courts website where you might access a court calendar, but don’t expect any details like you get on my case.

Of course, a defendant certainly has a right to see why he’s being charged. And Dos Santos already seemed to know why he was “in custody.”

There is a printed list of that day’s defendants pinned on to a cork board outside the courtrooms, but the list only has individuals who are turning up on their own.  If you’re already in jail, then your name won’t be on the list. At least that is what I was told. 

The three magistrates who hold court are volunteers and not necessarily attorneys, but are trained for the job nevertheless. They have the power to sentence someone up to a year in prison. And it’s up to them to decide if a matter stays in magistrate’s court or is serious enough to be referred to the Crown Court.

My friend in Wallingford said traditionally the magistrates were landowners, someone like the country squire. Age old tradition, but anyone can apply now.

Once the magistrates reconvene with Dos Santos, they will have to decide whether they will adjudicate the case or if the matter should be referred to the Crown Court where more serious matters are heard. 

The magistrates  are addressed as “your worships,” and anyone in court who leaves during proceedings backs out the courtroom bowing.That has to be an age old tradition, too.

Another defendant, Mark Hendron walked into the courtroom on an OWI charge from last July and sat in the dock, a glass enclosure that seems more casual than what we have in the States. A police officer stays in the dock with the accused who is not normally handcuffed. Hendron was never handcuffed.

Hendron hadn’t been given an appointment so one was set for May 19 at 10 a.m. In the meantime, Hendron is out on unconditional bail, although he was warned he is not allowed to drive anywhere. He seemed happy with that. And happy to have his freedom.

Then on the CCTV appeared a man with a long African name. He wasn’t on the list because he was in jail. The magistrates decided he would remain there for two assault charges, one on his partner a year ago, and a month later, one on his 12-year-old daughter, He punched, slapped and kicked her downstairs, the prosecutor told the magistrates.

He was out on bail when he committed a “breach of bail.” First he turned up at his mother-in-law’s house, a place he wasn’t allowed.

He also tricked his partner into talking to him on the phone after he borrowed a cell phone from a random person. She answered because she didn’t recognize the number. That was in defiance of a restraining order, the prosecutor said.

After he was taken into custody on the breach, he faked a wrist injury and “escaped” from John Radcliffe Hospital in Oxford after they took off the handcuffs for an X-ray. 

During the escape, he picked up broken glass, scraped it on an officer’s hand causing injury and gave the other officer a lump on his head. No doubt, he made matters worse.

“There are no circumstances that will allay the Crown’s fears - fears of further offenses,” the prosecutor said, arguing against release. 

His attorney asked for bail with conditions that he stay away from his partner and his children, although the partner believes that their children need to see their father, she said.

The lead magistrate, who sits in the middle, said there was also a fear that the defendant “might interfere with witnesses.”

He started to protest his continued custody.

“It keeps us suffering,” he said.

He is to be sentenced May 30.

Another defendant who needed a Romanian interpreter will also remain in custody. Adrian Bostin seemed at a loss, like he had no clue what was going on,  as he sat in the dock in his gray sweats. 

Bostin has “no fixed address,” and on Sept. 19 had accosted a 14-year-old girl, the court announced.

The facts as presented by the prosecutor were this: first, Bostin stared her down at a bus station, then tried to speak with her, sat next to her on the bus, offered some alcohol to her of which she took a few sips, tried to kiss her, hugged her, and gave her £5 in cash, plus three cigarettes.

He also told her “I’m not leaving you.”

Now she’s scared to get on the bus alone, something she wasn’t afraid to do before.

The prosecutor said he believed the degree of harm warranted a category A2 because it was a cumulative act and sustained incident. Higher would be an A1. Either way, the case could have been moved up to the Crown Court.

Bostin also had a battery conviction in 2023 and previous convictions “up and down the country,” the prosecutor said.

Bostin’s attorney argued that, in fact, she did take a few sips of alcohol and it wasn’t a planned incident. Even though his actions were unacceptable, he had remorse.

It was hard to tell.

The magistrates decided to keep the case at the lower court, but he would stay in custody. He will be sentenced May 20.

[Category A1, Category A2, Category B1, etc replaced the terms “felony” and “misdemeanor” during a judicial reform.]