Lay Magistartes Flashcards
1
Q
Lay magistrates
A
- there are about 17,500 lay magistrates sitting as unpaid, part time judges in the magistrates courts: another name is the justices of the peace. They sit to hear cases as a bench of two or three magistrates. A single lay magistrate sitting on his own has very limited powers. He can, however issue search warrants and warrants for arrest and conduct early administrative hearings
- they are unpaid, part time judges who have no professional legal qualifications
2
Q
Qualifications
A
- lay magistrates do not have to have any qualifications in law. There are however, some requirements as to their character. Candidates should have the side key qualities
- good character
- understanding and communication
- social awareness
- maturity and sound temperament
- sound judgement
- commitment and reliability
- they must have certain ‘judicial’ qualities - it is particularly important they they are able to assimilate factual information and make a reasoned decision upon it. They must also be able to take account of the reasoning of others and work as a team.
- there are formal requirements as to age and residence: lay magistrates must be ages between 18 and 65 on appointment and can sit as magistrates until they are 70.
3
Q
Area
A
- up to 2003 it was necessary for lay magistrates to live within 15 miles of the commission area for the court which they sat in. In 2003 the courts act abolished commission areas. Instead there is now one commission area for the whole of England and wales. However the country is divided into local justice areas. These areas are specified by the lord chancellor and lay magistrates are expected to live or work within or near to the local justice area to which they are allocated.
- cases are heard in the area where:
- the offence is alleged to have been committed
- the person charged with the offence lives
- the witness, or the majorities of witness live
- other cases raising similar issues are being dealt with with
4
Q
Commitment
A
- the other requirement is that lay magistrates are prepared to commit themselves to sitting at leats 26 half days each year. It is thought that this level of commitment deters many people from becoming lay magistrates. Lay magistrates are only paid expenses
5
Q
Restrictions on appointment
A
- some people are not eligible to be appointed. These include people with serious criminal convictions, though a conviction first a minor motoring offence will not automatically disqualify a candidate. Others who are disqualified include undischarged bankrupts, members of the forces and those whose work is incompatible with sitting as a magistrate, such as police officers and traffic wardens
- relatives of those working in the local criminal justice system are not likely to be appointed as it would not appear ‘just’.
- close relatives will not be appointed to the same bench
6
Q
Selection and appointment
A
- about 700 new lay magistrates are appointed each year. Since 2013, appointments are made by the lord chief justice, who can delegate these powers. The current lord chief has delegated these powers to the senior presiding judge. In order to decide who to appoint, this judge relies on recommendations made by the local advisory committees
7
Q
Local advisory committees
A
- the membership of the committees must be published. The members tend to be current or established justices of 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
- anyone can apply to become a magistrates
- advertisements are used to try and encourage as wide a range of potential candidates as possible. Advertisements have been placed in local papers, or newspapers aimed at particular ethnic groups and even on buses. People are also encouraged to go to open evenings at their local magistrates court. All of this is aimed at getting a wide spectrum of potential candidates as possible. The intention is to create a panel that is representative of all aspects of a society.
8
Q
Interview panels
A
- there is usually a two stage interview process. At the first interview the panel tried to find out more about the candidates personal attributes, in particular looking to see if he has the six key qualifications required. The interview panel will also explore the candidates attitudes on various criminal justice issues such as youth crime or drink driving. The second interview is aimed at testing candidates potential judicial aptitude and this is done by a discussion of at leat two case studies which are typical of those heard regularly in magistrates courts.
- the advisory committees will then submit names of those they think are suitable to the lord chief justice or his delegate, who will then appoint new magistrates from this list. Once appointed, magistrates may continue to sit until the age of 70
9
Q
Composition of the bench today
A
- the traditional image of lay justices is that they are ‘middle class, middle aged and middle mined’ however, in many respects the bench is well balanced. About 53% of magistrates are women. This is a higher percentage than anywhere else in the Judiciary.
- also ethnic minorities are reasonably well represented in the magistracy. About 11% of magistrates are from ethnic minorities.
- the relatively high level of ethnic minority magistrates is largely a result of campaigns to attract a wider range of candidates. Adverts are placed in national newspapers and also TV guides and women’s magazines. In an effort to encourage those from ethnic minorities to apply.
- disabled people are encouraged to apply to become magistrates. This included appointing blind person as lay magistrates. About 4% of magistrates have a disability
10
Q
The role of magistrates
A
- magistrates have a very wide workload connected to criminal cases. They deal with all summary cases. They also deal with triable either way offences where the defendant chooses to be tried in the magistrate’s court. These two categories account for 94% of all criminal cases
- the magistrates deal with the preliminary work in these cases. This includes early administrative hearings, remand hearings and bail applications.
- where the defendant pleads not guilty, the magistrates will hold a trial and decide whether the defendant is guilty or not guilty. Where the defendant pleads guilty or is found guilty the magistrates also decide the sentence
- they have the power to imprison an offender for 6 months for one offence or 12 months for two offences. They also have other wide sentencing powers including making community orders, fining a defendant, ordering a conditional or absolute discharge and disqualifying a defendant from driving
- lay magistrates also deal with the first hearing of indictable offences but then transfer these to the crown court for trial
11
Q
Youth court
A
- specially nominated and trained justices from the youth court panel hear most criminal charges against young offenders aged 10-17 yrs old inclusive. The panel must usually include at least one man and one women
12
Q
Appeal hearings
A
- lay magistrates also sit at the crown court to hear appeals from the magistrates court. In these cases two lay justices form a panel with a qualified judge. They hear all the evidence in the case and decide whether the appellant is guilty or not guilty. If the finding is one of guilt then they will also decide on the sentence
13
Q
Training of lay magistrates
A
- the training of lay magistrates is supervised by the magisterial committee of the judicial collage. This committee has drawn up a national syllabus of the topics which lay magistrates should cover in their training. However, because of the large numbers of lay magistrates, the actual training is carried out in local areas, something’s through the clerk of the court, sometimes through weekend coursed organised by universities with magistrates from the region attending
14
Q
Training for new magistrates
A
- there is a syllabus for new magistrates which is divided into three parts:
1. Initial introductory training - this covers such matters as understanding the organisation of the bench and the administration of the court and the roles and responsibilities of those involved in the magistrates court
2. Core training - this provides the new magistrate with the opportunity to acquire and develop the key skills, knowledge and understanding required of a competent magistrate
3. Activities - these will involve observations of court sittings and visits to establishments such as prison or a probation office
15
Q
Appraisal
A
- during the first two years of the new magistrate sitting in court, some of the session will be mentored. In the same period the magistrate is also expected to attend more training sessions. After two years, or whenever it is felt that the magistrate is ready, an appraisal will take place to check if he has the acquired competencies.
- any magistrate who cannot show that he has achieved the competencies will be given extra training. If he still cannot achieve the competencies, then the matter is referred to the local advisory committee, who may recommend to the lord chancellor that the magistrate is removed from sitting
