Criminal Courts and Lay People - Lay Magistrates and Juries: Qualifications, selection, appointment and magistrates role in criminal cases

Question 1

Explain the role and work of lay magistrates in and out of English and Welsh courts (8 marks)
Likewise it could ask about powers or jurisdiction of Justices of the Peace - it is exactly the same question! Do not get thrown by slightly different terminology!
Explain how lay magistrates qualify and are selected for appointment
use the sec a sheet which covers all the topics!!! its useful

Questions
List as many of the key qualities needed to become a magistrate as you can
List 5 things a magistrate may have to do as part of their role
What sentencing powers does a magistrate have?
What age and residency requirements are on Magistrates?
Who appoints magistrates?
What is the application process for magistrates
What does it mean to be a LAY magistrate?

Answer 1

Role and Work
Legal Advisor/Justices’ Clerk
Types of cases
Sentencing Powers
Summary Offences
Triable Either Way Offences
Indictable Offences
Youth Court
Appeals

Question 2

Lay Magistrates Introduction or role:
What are lay magistrates (who they are, how many, powers, how many are there, what they are called and legislation)

Answer 2

• Volunteers who are not legally qualified
• Cases are usually heard in a panel of 3 (called a bench) supported by a legally qualified justices clerk or legal advisor, but they can hear cases as a bench of two if necessary
• A single magistrate has limited powers but can issue search warrants and warrants for arrest.
• They make up 85 percent of the judicial community
• 1st april 2021 there were 12,651 magistrates in england and wales
• Also called Justices of the Peace and their role was established with the Justices of the Peace Act 1361

Question 3

Role or what are lay magistrates
Are they paid

Answer 3

• Unpaid but will receive expenses, for example for travel and subsistence and a loss of earnings allowance

Question 4

How many sittings are they required to do

Answer 4

Required to do a minimum of 26 half day sittings (13 days) per day
- Employers are required by law to allow reasonable time off work for an employees service as a magistrate

Question 5

Where are they located and what act provides their national jurisdiction (legislation)

Answer 5

• Once appointed a magistrate is assigned to a Local Justice Area, which is near to their home or work, but they all have national jurisdiction under the Courts Act 2003

Question 6

Provide the percentages of women, men and people aged over 50

Answer 6

• 44 percent men
  -56 percent women
• 82 percent are aged over 50

Question 7

1. Their role and powers in criminal cases and criminal jurisdiction
   How is their criminal workload

Answer 7

Very wide criminal workload

Question 8

Cases are usually heard in a panel of how many

Answer 8

Cases are usually heard in a panel of three (called a bench) supported by a legally qualified justices’ clerk or legal advisor

Question 9

What is the role of justices clerks and how do they assist magsitrates

Answer 9

• The justices clerks assist the magistrates with the law. They are qualified lawyers with a minimum of 5 years experience in the magistrates court
  -They advise and guide the magistrates on questions of law, procedure and practice, as set out in the Justices of the Peace act 1979
• They have to give their advice in open court and cannot influence the magistrates decision.

Question 10

What are the justices clerks not allowed to do

Answer 10

The clerk is not permitted to assist the magistrates in their decision making and should not retire with them when they go to make their decision

Question 11

What case demonstrated this

Answer 11

R v Eccles Justices ex parte Farrelly (1992)
convictions were quashed on appeal because the clerk had helped in the decision making process

Question 12

What section and legislation guarantees the independence of the justices clerk and confirms what else

Answer 12

s29 Courts Act 2003 guarantees the independence of the justices clerk and confirms they cannot be subject to the direction of Lord Chancellor or any other person.

Question 13

Criminal Jurisdiction or role:
What categories of offences do magistrates hear and provide a percentage of cases they deal with

Answer 13

-Magistrates try all summary offences
-They also deal with triable either way offences where they have accepted jurisdiction and the defendant chooses to be tried in the magistrates court. This plus the summary offences accounts for around 95 percent of all criminal cases

Question 14

Name the types of offences magistrates deal with

Answer 14

• Also traffic cases such as no insurance, failing to stop at an accident, defective tyres etc
  -Hear environmental cases such as pollution, health and safety cases and cruelty to animals

Question 15

Magistrates also deal with preliminary work; what does this mean and provide examples, as well as the category of offence

Answer 15

• They also deal with all the preliminary work for the either way offences which have been sent to the crown court (either because D has chosen this or the magistrates have not accepted jurisdiction) and all indictable offences.
• The preliminary work includes Early Administrative hearings, issuing arrest warrants, remand hearings and bail applications

Question 16

What do the magistrates do in summary and either way cases

Answer 16

• In summary and either way cases, Magistrates have to decide if someone is guilty or innocent (if D pleads not guilty)
• Decides whether a defendant should be allowed to have bail
• And the appropriate sentence when defendants either plead or are found guilty

Question 17

What are their sentencing powers and under what legisaltion

Answer 17

• From 2nd May 2022, magistrates have the power to impose a prison sentence of up to 12 months for a single offence and since s85 Legal Aid, Sentencing and Punishment of offenders act 2012 LASPO), can impose an unlimited fine in certain cases. They can refer the case to the crown court if a longer prison sentence is required
  The changes made in may 2022 are expected to free up 1700 days of crown court time and help with the backlog caused by the court closures during the pandemic

Question 18

What other wider sentencing powers do magistrates have

Answer 18

• They also have other wider sentencing powers including:
• Making community orders
• Fining defendants
• Ordering a conditional or absolute discharge
• Disqualifying a defendant from driving

Question 19

Where do all criminal cases start

Answer 19

All criminal cases start in the magistrates court, even if only for them to pass the case to the crown court

Question 20

What is the youth court

Answer 20

• The youth court is specially nominated and trained justices from the youth court panel hear criminal charges against young offenders aged 10-17 years old. The panel must be mixed gender for such cases.

Question 21

Do magistrates in a criminal case hear appeals

Answer 21

• Yes, lay magistrates sit in the crown court and hear cases which have come from the magistrates court

Question 22

On appeal in the crown court, who is involved

Answer 22

• In these cases, two lay justices (mags) form a panel with a qualified judge
• The appeal will not be a case these magistrates originally sat on

Question 23

Civil jurisdiction:
What civil cases can magistrates hear

Answer 23

Magistrates can hear some civil cases involving:
- Unpaid council tax
-TV license evasion
- Issuing licenses for betting shops and casinos
- Hearing appeals from Local Authority decisions regarding the issuing of pub and restaurant licenses

Question 24

Qualification, selection and appointment of Lay Magistrates:
What are the 6 key qualities set out by who that a magistrate should possess

Answer 24

• Not legally qualified
• In 1998, the Lord Chancellor set out six key qualities that a magistrate should possess:
• good character
• understanding and communication
• social awareness
• maturity and sound temperament
• sound judgement
• commitment and reliability

Question 25

Magistrates must have certain ‘‘judicial’’ qualities, what does this mean

Answer 25

it is particularly important that they are able to assimilate factual information and make a reasoned decision upon it.
They must be able to take account of the reasoning of others and work as a team

Question 26

Who is responsible for appointing magistrates and assisting

Answer 26

Until 2013, the Lord Chancellor was responsible for appointing magistrates, but they are now appointed by the Lord Chief Justice on behalf of the Crown, assisted by Local Advisory Committees who vet and recommend suitable candidates

Question 27

What are the 5 formal requirements as to magistrates age and residence

Answer 27

Applicants must:
- be aged 18-74 (must retire at 75)
- not have any serious criminal convictions
- not have been banned from driving in the past 5-10 years
- not been declared bankrupt
- not work in a job where there may be a conflict of interest eg police officer, traffic warden

Question 28

What must you have done before you apply

Answer 28

You must have visited a criminal court at least twice in the 12 months before you apply

Question 29

In 2019, what percentage of magistrates were under 40

Answer 29

only 5 percent

Question 30

Where a lay magistrates expected to live or work

Answer 30

Lay magistrates are expected to work within or near to the local justice area which they are allocated

Question 31

name 3 of the restrictions for magistrates

Answer 31

• Relatives of those working in the local criminal justice system are not likely to be appointed as it would not appear ‘‘just if for example the wife or husband of a local police officer were to sit to decide cases
• In addition, people whose hearing is impaired, or who by reason of infirmity cannot carry out all the duties of a magistrate cannot be appointed.
• close relatives will not be appointed to the same bench

Question 32

About how many magistrates are appointed each year

Answer 32

About 700

Question 33

Since 2013, appointments are made by the Lord Chief Justice who can delegate these powers, the current Lord Chief Justice has delegated these powers to who

Answer 33

Senior Presiding Judge

Question 34

In order to decide who to appoint, the judge relies on whose recommendations

Answer 34

Relies on recommendations made by the local advisory committees

Question 35

What are local advisory committees (who are they, how long, how many)

Answer 35

• Membership of the committees must be published. The members tend to be current or ex justices of the peace.
• about half the members have to retire in rotation every three years
• The committees should have a maximum of 12 members and these should include a mixture of magistrates and non magistrates

Question 36

Appointment, selection etc
How do applicants apply for the role of a magistrate

Answer 36

Candidates usually apply to become magistrates, either in response to advertisements, or directly to the secretary of a local advisory committee or to the department for constitutional affairs

Question 37

What is there also an aim for (a balance of what)

Answer 37

There is also an aim for membership of the bench to reflect a balance of occupations.
The Lord Chancellor set down 10 broad categories of occupations and advisory committees are recommended that they should have no more than 15 percent of the bench coming from any one category.

Question 38

There follows at least two interviews before the local advisory committee. Explain interview 1

Answer 38

In interview 1 the panel will assess whether the candidate has the 6 key qualities and will assess their attitudes to various aspects of criminal justice, such as drink driving.

Question 39

What does interview 2 contain

Answer 39

This will test a candidates judicial aptitude through the discussion of at least two case studies which would be typical of those heard by Magistrates. The discussion might, for example, focus on the type of sentence which should be imposed on specific case facts.

Question 40

What will the advisory committee then do after these interviews

Answer 40

The Advisory committee then submit names of those who they think are suitable to the Lord Chief justice or his delegate, who will then appoint.