4- Lay People: Lay Magistrates Flashcards
What are lay magistrates?
Unpaid, part-time judges with no legal qualifications and hear cases in MC
Give some background info to lay magistrates
Approx. 17,500 lay magistrates sitting in MC
Also called Justices of the Peace (JPs)
Sit to hear cases as a bench of 2 or 3
Single magistrate sitting alone has limited powers
Can issue search warrants and warrants for arrest and conduct Early Administrative Hearings
What are the qualities needed to be a Magistrate?
No qualifications but 6 character requirements needed:
- Good character
- Understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound judgement
- Commitment and reliability
Judicial qualities such as making a reasoned judgement, take account of reasoning of others and work as a team
Aged between 18 and 65 (can sit until 70)
In 2016, 3% were under 40
Apart from the 6 character requirements, judicial qualities and age requirements, what other requirements must Magistrates fit?
- Live or work within local justice area to which they are allocated
- Must commit to sitting at least 26 ahlf days a year
- They are only paid expenses (travelling etc)
- No serious criminal convictions, undischarged bankrupts, members of armed forces, incompatible work such as police officers.
- No close relatives of those working in local criminal justice system
How are lay magistrates appointed?
About 700 new magistrates appointed every year
Since 2013, appointments are made by Lord Chief Justice (head of judiciary) who can delegate those powers
- Current Lord Chief Justice has delegated those powers to Senior Presiding Judge
Judge relies on recommendations made by local advisory committees to decide who to appoint.
Who are the local advisory committees who recommend Magistrates to Senior Presiding Judge?
Membership of committees must be published
Members tend to be current or ex-JPs
About 1/2 the members have to retire in rotation every 3 years
Committees should have a max 12 members and they should include a mixture of magistrates and non- magistrates
How are magistrates recruited?
Adverts (local newspapers, buses….) used to encourage as many potential candidates as possible
People also encouraged to go to open evenings at their local Mag Court
What is the intention when recruiting Magistrates?
To create a panel that represents all aspects of society and reflects a balance of occupations
Lord Chancellor (leader of ministry of justice) set down 11 broad categories of occupations, and advisory committee should not have over 15% of the bench coming from any category.
What is the interviewing of potential candidates like?
Usually 2-stage interview process
1st interview:
- Panel tries to find out + about candidate's personal attributes, if they have the 6 qualities required to do the job. - Also explores candidate's attitudes on various criminal justice issues such as youth crime and drink driving
2nd interview:
- Testing candidate’s potential judicial aptitude through a discussion of at least 2 case studies typical of those heard in Mc.
What happens after the interview process?
Advisory committee will submit names of those they think suitable to Lord Chief Justice or a delegate , who will then appoint new magistrates from the list.
What is a triable-either way offence?
Offence that can be tried either in MC or CC. If mag decide their sentencing powers are sufficient to deal with the offence, the accused may elect to have it dealt with summarily in the Mc or on indictment (trial by jury) in CC.
What is a summary offence?
Minor criminal offence
What is an indictable offence?
More serious criminal offence requiring trial by jury
What % of criminal cases are heard by magistrates?
94%- all summary cases included
triable-either-way offences tried at MC- they deal with all preliminary work in these cases, including Early Administrative Hearings and bail applications.
first hearing of indictable offences before transferring them to CC
What power do Magistrates have?
Where D pleads NOT GUILTY magistrates will hold a trial and decide whether D is guilty or not
Where D pleads GUILTY or is found guilty magistrate decides on the sentence.
- Have power to imprison for 6 months for 1 offence and 12 moths for 2 offences - Can also make community orders, fine D, order a conditional or absolute discharge and disqualify D from driving.
Name 2 special types of magistrates court
Youth court: Magistrates specially trained to hear criminal charges against young offenders aged 10-17
Family proceedings court: Specially trained magistrates hear cases on family issues such as maintenance or custody
Can magistrates hear appeals?
Yes. Lay magistrates sit in the High Court to hear appeals from MC (panel of 2 lay justices and a qualified judge)
How are magistrates trained?
Training divided in 3 parts:
- Initial introductory Training
- Core training
- Activities
What does the Initial Introductory Training cover?
Matters such as understanding the organisation of the bench, administration of the court and the roles and responsibilities of those involved in the MC
What does the core training involve?
Provides new magistrates with opportunity to acquire and develop key skills, knowledge and understanding required
What does the final stage of magistrate training cover?
The activities involve observations of court sittings and visits to establishments such as prison or a probation office.
When does magistrate training take place?
Evenings and weekends- takes 12-18 months. Training sessions organised at local level within the different court areas
Who supervises magistrates training?
Magisterial Committee of the Judicial College. It has drawn up a set of topics which lay magistrates should cover in their training.
Who delivers magistrates training?
Much of training delivered by Justice’s Clerks (legal advisors)
However, some of the training of Youth Panel and Family Court is delivered nationally
What happens after the magistrates have completed their training?
New magistrates will sit as ‘wingers’ to hear cases. This means that they will be one of a panel of 3
Chairman, who sits in the middle is a very experienced magistrate and the magistrates that sit at both sides are known as ‘wingers’
What happens during the first 2 years as magistrates?
Some sessions will be mentored by an experienced magistrate and there will be 6 formal meetings in the 1st 12-18 months where progress is reviewed.
Magistrates will be expected to attend more training sessions
What happens after 2 years of being a magistrate?
An appraisal will take place to check that they have acquired the competencies
Any magistrate who cannot show that they’ve achieved the competencies will be given extra training
If they still cannot achieve them, the matter will be referred to the local advisory committee, who may recommend the Lord Chancellor that the magistrate is removed from sitting
What is the current magistrates training programe called?
Magistrates National Training Initiative (MNTI) introduced in 2004
In how many competence areas is the magistrates training divided?
4:
- Managing yourself
- Working as a team
- Making judicial decisions
- Managing judicial decision making (this one just for chairman)
Is there training after 2 years as magistrates?
Yes. Ongoing training occurs every 3 years throughout their careers
Who is the magistrates clerk?
Qualified barrister or solicitor who has been qualified for 5 years
Must guide magistrate on questions of law, practice and procedure
Must not assist in the decision-making process
Can issue warrants for arrest, extended police bail, adjourn criminal proceedings and deal with Early Administrative Hearings
What are the advantages of lay magustrates?
- Work for free/ District Judges are expensive
- Have public confidence
- 18-24 months rigorous training + ongoing training throughout careers
- Balanced benches 53% women
- Have local knowledge
- Less intimidating as they are ordinary people
- Majority verdict needed
What are the disadvantages of lay magistrates?
- Not diverse 89% white
- Hard to recruit younger people- doesn’t accurately represent society
- Limited powers (6-12 moths imprisonment)
- Not legally qualified
- Claim expenses
- Feel undervalued, low morale
What are the 2 types of lay people in the English legal system?
Lay magistrates and the jury
