Intro: lay people in the legal system

Question 1

Who are lay people?

Answer 1

Men and women who are not legally qualified.

Question 2

3 examples of those who are not lay personnel?

Answer 2

Solicitors, barristers and judges.

Question 3

What are lay people used for in the courts?

Answer 3

Make decisions.

Question 4

Which are the two main groups of lay personnel?

Answer 4

Magistrates and Juries.

Question 5

Which courts are magistrates used in?

Answer 5

Magistrates’ court and the Crown court for appeals.

Question 6

What are lay magistrates known as?

Answer 6

Justices of the peace. (JP’s..)

Question 7

Roughly how many are currently in England and Wales?

Answer 7

25,000.

Question 8

Are they paid? Explain.

Answer 8

No, only in expenses for travel - usually have another job, are retired or housewives.

Question 9

What is a stipendiary magistrate?

Answer 9

Magistrates which are fully qualified in Law and are paid.

Question 10

Age?

Answer 10

18 - 65.

Question 11

Nationality?

Answer 11

British citizen / citizen of the republic of Irish Republic/Commonwealth.

Question 12

Where must they live and which act is this under?

Answer 12

Within or near the local justice area covered by the court. Courts Act 2003.

Question 13

Criminal record?

Answer 13

No criminal record; minor offences are excused. Undischarged bankrupts are disqualified.

Question 14

Which disabilities are disqualified?

Answer 14

Some physical disabilities disqualify; being deaf or blind.

Question 15

Who else is disqualified?

Answer 15

Police, army, traffic wardens and their close relatives.

Question 16

Who are they appointed by? (on behalf of…?)

Answer 16

Lord Chancellor, on behalf of the Queen.

Question 17

How many half days must the be prepared to do per year?

Answer 17

26.

Question 18

What age do they serve until?

Answer 18

70, then retire.

Question 19

Who else can’t be a magistrate and give a reason as to why?

Answer 19

MP, could cause conflict.

Question 20

What is the intention and aim when selecting magistrates?

Answer 20

To create a panel to represent the whole spectrum of society and to achieve a balance to represent all shades of opinion.

Question 21

The Lord Chancellor relies on recommendations from who?

Answer 21

The Local Advisory Committee. (LAC..)

Question 22

The members of the committee used to be secret, but now it is…..?

Answer 22

Published; all of the names in the committee are public knowledge.

Question 23

What is the maximum amount of people in the committee and whom must it include?

Answer 23

12, including non - JP’s and ex - JP’s.

Question 24

How many have to be non - JP’s and why?

Answer 24

A third; the voice of the people.

Question 25

It must contain at least one member of each…..? and why?

Answer 25

Main political party so that it prevents them from being biased.

Question 26

These present reforms date from which year and in which act?

Answer 26

1994, Police and Magistrates Court Act.

Question 27

Who do the committee have to back them up?

Answer 27

Administrative backup; a secretary receptionist.

Question 28

Who puts names forward for potential candidates?

Answer 28

Chambers of commerce, political parties, trade unions, etc.

Question 29

Who chooses, assesses and interviews suitable candidates and then passes the names on to the Lord Chancellor?

Answer 29

The LAC, local advisory committee.

Question 30

How is the role advertised and what needs to be submitted?

Answer 30

In local papers or on the radio.

An application form.

Question 31

What do the LAC need to get a good balance of?

Answer 31

Occupations and community balance.

Question 32

No more than ??% should be from the same category of work…?

Answer 32

15%.

Question 33

How many interviews are held to check suitability and what do each of them check for?

Answer 33

2:

1) to check 6 key personal qualities.
2) to test judicial aptitude using two case studies.

Question 34

What are the 6 key personal qualities?

Answer 34

Good character.
Understanding and communication.
Social awareness.
Maturity and sound temperament.
Sound judgement.
Commitment and reliability.

Question 35

What is judicial aptitude?

Answer 35

Decision making.

Question 36

Who does the LAC then submit the names to after the interview stages?

Answer 36

The Lord Chancellor and secretary of state for justice.

Question 37

What do candidates have to do once selected?

Answer 37

Appear in court and swear the oath of allegiance.

Question 38

Generally, magistrates are middle….?

Answer 38

Class, aged, minded.

Question 39

What percentage are middle class and above?

Answer 39

80%.

Question 40

What percent of magistrates and district judges are women?

Answer 40

50% and 25%.

Question 41

What percentage of magistrates and district judges are ethnic minorities?

Answer 41

7.7% (2010) and 3%.

Question 42

What percentage have a disability?

Answer 42

5%.

Question 43

Why are young people under-represented?

Answer 43

People at the start of their careers may be reluctant to have time off.
Employers are obliged to give time off, but not necessarily with pay.

Question 44

Why might people in low earning jobs be under-represented?

Answer 44

They cannot afford to take time off.

Question 45

What percentage are:
60 - 70?
Under 40?
Retired?

Answer 45

50%, 4%, 40%.

Question 46

Which political party do stats show magistrates are largely in support of?

Answer 46

Conservative Party.

Question 47

Who tends to be younger; magistrates or district judges? Give an OTOH.

Answer 47

District Judges, but magistrates are now generally more diverse.