In six years as a JP and a further four as a Chairman of Magistrates, I am wholly convinced that I was never once incorrect in any decision I made as to guilt in any criminal trial:
1) If the evidence was not clear from start to finish, a not guilty verdict would always be delivered. We were not supposed to convict unless all was 'beyond reasonable doubt'.
2) I always had two colleagues with me during the process.
3) It is only in civil cases where 'the balance of probabilities' comes into play - and therein, there will inevitably be many miscarriages of justice because 'all may not be quite as it seems'. 51% to arrive at a decision is significantly different to the 99%+ that magistrates work to.
4) It may be annoying when you hand out that 'not guilty' when you are 90% convinced of guilt - but it is the only fair way to run criminal courts.
5) I must observe that so many of that kind of 'miscarriage of justice' could have been avoided with: better CPS preparation; more thorough police presentation of cases and more honesty from solicitors who were willing to represent the interests of clients ahead of the interests of integrity and justice as well as often being prepared to 'use truth to mislead' The Bench.
Sadly, the public perception is that many innocent people are wrongfully convicted of crimes in the UK. This is rank balderdash perpetuated by: TV documentaries, films, leftist politicos, sensationalist reporters, trashy authors, the BBC, Channel 4, Channel 5, Radio 4 and occasionally - other broadcasters too.
I hope I can reassure readers that 'not guilty' is not at all the same as 'innocent': and 'innocent people convicted are the extremist of rarities.
Note too, how unwilling the CPS is to prosecute, even in 'open and shut cases'.
In the process, the Police do the first filtering; the CPS does the second; consequently, precious few can be wrongly convicted - as a huge majority must, by that point, be guilty. At a guess, I would place this as substantially above 99%.
All of this before 'not guilty verdicts' are added by the courts themselves.
Beyond that, there is an appeals system! Miscarriages of justice where conviction is concerned are as rare as rocking horse poo.
An interesting perspective. I once asked a longtime court reporter whether he had ever seen an innocent person convicted whereupon he replied, "No. but I have seen clearly guilty people in court where the case ought not to have been prosecuted."
Magistrates have too - and this will frequently result in an 'absolute discharge'.
In one case I was chairing, the Bench showed its displeasure of a prosecution by fining a man a whole £1.
