Deputy District Judge Julia Newton has found a child care Assistant guilty of assault on a seven year old child at a school in Sheffield - none of these have been named. It is claimed that she had slapped him across the face although this was not directly witnessed by colleagues.The child was in mid tantrum and had already caused injuries to the staff.
Even so, the DJ has warned that custody is possible.
I have my own feelings on the merits of this case which I shall not dwell on at this point.
Had this lady faced trial before a jury, I have little doubt that she would have been acquitted. Clearly, this was seen as fit for a Magistrates trial rather than Crown Court but these are my concerns:
1) Would the defence have opted not to go to trial in Crown had it been known in advance that this would go before a District Judge instead of a Bench of three JPs?
2) Is it right and proper that both guilt and sentence in a British Court should be determined by a single individual? - Where else does this occur in our Criminal Justice System?
I have worked alongside DJs and have found them to be impressive people for the most part but I have never believed that their role in the system is one that can be justified with these unprecedented powers.
I am sure that these are seldom abused but that is not really the point.
