Lay magistrates Flashcards
What is the other name for lay magistrates?
Justices of the peace (originally created by the Justice of the Peace Act 1361)
What act governs the powers and the functions of lay magistrates?
Justices of the Peace Act and Courts Act 2003
How many lay magistrates are there on a bench?
3 magistrates (though a single lay magistrate can issue arrest and search warrants)
When a lay magistrate hears cases who are the often assisted by?
Justice’s clerk (qualified legal adviser) who is there to give advice on points of law and procedure
Roughly how many magistrate courts are there in the country?
140
Describe the composition of the bench
-Around 14,000 lay magistrates
According to a 2021 census what percentage of lay magistrates are from ethnic minority backgrounds?
13%
How old must magistrate’s be?
18-74 and are normally expected to serve for 5 years
Pre 1906 what requirement was there?
Pre 1919 who were eligible?
pre 1906- property requirement
pre 1919- only men
=abolished
who appoints lay magistrates?
Lady Chief Justice based upon the recommendations made by a local advisory committee
What percentage of criminal cases does the magistrate’s court hear?
95%
What jurisdiction does the magistrates court have over cases?
summary offences (such as assault and battery)
triable either way offences (S.47 ABH)
And is the setting for all preliminary hearings
What are the magistrate’s role regarding triable either way offences?
magistrates will determine an appropriate venue (plea before venue)
What are the magistrate’s role regarding Indictable offences?
The court will officially commit the case to the crown court under S.51 Crime and Disorder Act 1998
State an example of a warrant that is granted by the mags to the police
S.8 PACE 2984 (search warrant)
What can magistrates do regarding the custody clock?
Extend custody clock to a max of 96hrs under S.44 PACE 1984
What is the mag’s role regarding bail?
Grant or deny bail under the Bail Act 1976, in line with the LASPO 2012 “No real prospect test” (though not in murder cases, confirmed by S.115 coroners and Justice Act 2009, jurisdiction belongs to the crown court)
What is the max the mag’s can sentence regarding a summary offence ?
6 months
What is the max the mag’s can sentence regarding triable either way offences?
12 months
What is the max fine magistrates can impose?
unlimited (S.85 LASPO 2012)
What is the magistrate’s role within the youth courts (aged 10 -17)?
-specialist area of the magistrate’s court with specially trained magistrates
-less formal
and can sentence young offenders to detention and training orders, under S.233 Sentencing Act 2020 to up to 2 years
Briefly outline the magistrate’s role in the civil jurisdiction
responsible for:
-banning orders
-licencing decisions
-anti-social injunctions etc
True or false, Lay magistrates require legal training
False (but must undertake training)
How many days of the year must magistrate’s be prepared to sit?
at least 13 full days per year or 26 full days
What act abolished the 15 mile radius requirement for magistrates?
Courts Act 2003
though must still be local
What six key qualities must a magistrate have?
1) Good character
2) Understanding and Communication
3)Social Awareness
4)Maturity and sound temperament
5) Sound judgment
6)Commitment and reliability
What judicial qualities must a magistrate have?
-able to understand factual information
-make a reasonable decision
-take on board the reasoning of others
-work as part of a team
What must magistrate’s do an appointment and state an example
Take an oath to apply the law of the land
(they cannot refuse to hear a case due to personal belief e.g 2014 Christian mag reprimanded after letting his religious beliefs influence his decision on a same sex adoption case)
State the restrictions on appointment of magistrate’s
Candidates are ineligible if:
-Have serious criminal convictions or multiple minor convictions
-have undischarged bankruptcy
-occupational disqualification (in the last 2 years)
-close relatives working in the local criminal justice system
-close relatives with criminal convictions (this could undermine public confidence)
-close relatives will not be appointed to the same bench
How will applicants apply?
Online form which assess the suitability and eligibility
applicants are welcome from all sections of the community (including those with a disability as long as the disability prevents them from carrying out their duties)
What happens at the interview stage?
First interview= panel finds out about the candidate’s personal qualities
Second Interview= judicial aptitude through discussion of case studies, recommendations are then made and successful candidates are then appointed
What type of training is required of Magistrates?
=Not expected to be experts on the law but are carefully trained with the Magisterial Committee of the Judicial College being responsible for overseeing and guiding the training
Training is based on competences
training for new mags covers
1) Initial introductory training (understanding the organisation of the bench, roles and responsibilities)
2) Core training (development of key skills)
3)Ongoing training (e.g court observation)
4)Appraisals (first 2 years the magistrate will be mentored)
New magistrates sit as Wingers not the chairperson, who is a very experienced magistrate, who is the one to speak in open court
Additional training must be given to to those who want to be a chairperson or work in youth courts
What act gives powers to remove a lay magistrate and for what reasons?
S.11 Courts Act 2003
1)Incapacity
2)Misbehaviour
3)Persistent failure to meet standard of competence
4)Declining or neglecting to take proper part in the exercise of their functions
What act states the function of a Justice’s Clerk?
S.28 (3) Justices of the Peace Act 1979
“functions…… of advice about law, practice or procedure in question”
They should not assist with the decision making
e.g Eccles Justices, ex parte Farrelly
Convictions were quashed after Justice’s clerk was apart of the decision-making process
State the advantages of Lay Magistrates
1) Balanced Bench
Having a 3 bench magistrate helps to provide a balance of views of the matter rather than the view of a single judge
2) Wider cross section of Society
The magistracy includes people from many different ages, gender, ethnicities and backgrounds. Therefore they bring a range experiences and expertise and as they have volunteered to perform the role they take it seriously and are keen to do a good job
(13% according to 2021 consensus come from an ethnic minority background)
(57% are women, compared to 37% of professional judges)
Lord Chancellor in 1999 stated that “the magistracy should reflect the diversity of the community it serves”
3)Local/Specialised Knowledge:
Magistrate’ sit in there “local area” and therefore have good awareness of local places and opinions etc
e.g Paul
(In deciding whether D had committed an offence, magistrate’s used their local knowledge that “kerb-crawling” was a prominent issue in thar area)
In addition magistrates can use their specialised knowledge from careers
e.g Wetherall
(One magistrate was a doctor and gave his colleague the benefit of his professional opinion, it was held that such specialised knowledge)
4) Cost
Magistrates are unpaid, in addition magistrate trials are far cheaper than a crown court trial (annual cost of lay magistrate is around £500 compared to the £90,000 salary of a district judge)
5) Legal advisors
All clerks are legally qualified and thus bring a higher level of legal skill to the court, this overcomes criticism that magistrates are not legally trained
6)Few appeals
D’s who do appeal lay magistrate’s decisions tend to be against the sentence than finding guilt, annually magistrates hear around 1.5 million cases and around 11,000 appeals are made with less then half actually being successful
State the disadvantages of lay magistrates
1) Middle aged, middle class, middle minded
Despite their apparent diversity the “judiciary in the Magistrate’s Court 2000” showed that they were still largely middle aged and middled class with 40% being retired from an overwhelmingly professional or managerial background. However, still more varied then the composition of professional judges
2)Prosecution bias
Magistrates are often thought to believe police a little to readily. Police officers are frequent witnesses and so will become known to magistrates, resulting in unconscious bias. Furthermore, there is a lower acquittal rate in the mags (around 10%-20% compared to 60% in crown as mags have to follow the law whereas juries do not)
e.g Bingham Justices, ex parte Jowitt
Case involving speeding, evidence from motorist and single officer. Magistrate said “my principle in a direct conflict between a police officer and a member of the public has always been to believe the evidence of the police officer”
3) Inconsistency in sentencing
magistrates in different areas sometimes pass very different sentences for seemingly similar offences.
4)Reliance on the legal advisor
In some courts, there is a feeling that the magistrate’s rely in the legal advisor too much
5) Slow
Professional judges are much quicker and more efficient with decisions, are better able to control defendants, better at the trial process and questioning lawyers. Sometimes magistrates will retire their verdict when district judge would have come to the decision immediately
6) Cost
Though the lower direct cost, magistrates incur more indirect costs therefore there is very little difference in the annual cost between mag and district judge
State a conclusion to the effectiveness of lay magistrates
Though there have been some calls to reform the use of lay magistrates, either with their complete removal and replacement with district judges, or to increases the role of the Justice’s clerks, despite the apparent drawbacks, lay magistrates are an essential part of our current legal system.
