1A.2.4 Magistrates Flashcards
Qualifications for a magistrate
Lay magistrates do not have any legal qualifications, but they:
-Must be aged between 18-65 on appointment and have to retire at 70.
-Are expected to live or work within/near the local justice area to which they are allocated.
-Must be prepared to commit themselves to sitting at least 26 half days each year, together with a number of training sessions.
Six judicial qualities
- Good character
- Understanding and communication
- Social awareness
- Maturity and social temperament
- Sound judgement
- Commitment and reliability
Reasons why some people may be ineligible to sit as a magistrate
- Those with serious criminal convictions, though a conviction for a minor motoring offence will not automatically disqualify a candidate.
- Those who have undischarged bankruptcies
- Members of the armed forces
- Police officers and traffic wardens
- Relatives of those working in the local criminal justice system
- Those whose hearing is impaired
- Close relatives to other magistrates on the same bench
How many magistrates are appointed each year?
About 1,200.
How are magistrates appointed?
The local advisory committees will interview candidates and then submit names of those they think are suitable to the Senior Presiding Judge, who will then appoint new magistrates from this list.
Local Advisory Committees
The committee should have a maximum of 12 members and these should include a mixture of magistrates and non-magistrates.
The committees try to encourage as wider a range of potential candidates as possible to put themselves forward. Advertisements may be placed in local papers, or on community noticeboards, radio adverts or using social media. The intention is to create a panel that is representative of all aspects of society.
The selection process (interviews)
When applying, the candidate must fill in an application form and give the names of two referees. There is then a two-stage interview process.
1) At the first interview, the panel tries to find out more about the candidate’s personal attributes, in particular looking to see if they have the six key qualities. The interview panel will also explore the candidate’s attitudes on various criminal justice issues such as youth crime or drink driving.
2) A second interview is aimed at testing candidates’ potential judicial aptitude, and this is done by a discussion of at least two case studies that are typical of those heard regularly in Magistrates’ Courts. The discussion might, for example, focus on the type of sentence that should be imposed on specific case facts.
What percentages of cases do lay magistrates hear?
97%.
General role of lay magistrates in criminal cases
Magistrates have a very wide workload that is mainly connected to criminal cases, though they do deal with some civil matters.
Lay magistrates will normally sit as a panel of three – but a District Judge will sit alone.
In addition to their trial role, they can grant search and arrest warrants to the police and consider, in serious cases, requests for an extension in police custody up to a maximum of 96 hours.
The role of lay magistrates in dealing with summary offences
Magistrates deal with the case from tart to finish. They will hear evidence from the prosecution and defence and any legal arguments and decide if the D is guilty or not guilty.
If the defendant is found guilty, they will decide on a sentence. Their sentencing powers are limited to a maximum of six months’ imprisonment for one offence or an unlimited fine.
The role of lay magistrates in dealing with triable-either-way offences
Magistrates deal with plea before venue hearings.
The role of lay magistrates in dealing with indictable offences
Magistrates will hold an Early Administrative Hearing before transferring the case to the Crown Court.
The role of lay magistrates in the youth court
Specially nominated and trained magistrates form a Youth Court panel to hear charges against young offenders aged 10 to 17. These panels must usually include one man and one woman. Hearings are informal and private.
The role of lay magistrates in the appeals process
Lay magistrates can also sit in a Crown Court to hear appeals from a Magistrates’ Court against conviction and/or sentence. In these cases, two lay magistrates form a panel with a qualified judge.
What is the traditional perception of the bench?
- “Middle class, middle-aged and middle minded”
- “Male, Pale and Stale”.
