lay magistrates: Flashcards
who are lay magistrates?
part time judges in mags court
unpaid, part time judges
aka justices of the peace
sit in benches of 2 or 3
a single mags can issue a warrant or conduct an early administrative hearing
17,500 people sit as lay magistrates
a single mag has very limited powers
they can issue search warrants, warrants for arrests and conduct early administrative hearings
what are the qualifications needed to become a lay magistrate?
good character
understanding and communication
social awareness
maturity and sound temperament
sound judgement
commitment and reliability
can assimilate factual information
make reasoned decisions
take account reasoning of others
work as a team
no legal qualifications
aged 18 - 65
mags should live or work in the area
need to be committed to sitting at least 26 half days a year
what are the restrictions on becoming a magistrate?
serious criminal convictions
undischarged bankruptcy
members of the forces
police officers and traffic wardens
relatives of those working in the justice system
hearing impaired or another infirmity
close relatives
how is a magistrate appointed?
the lord chief justice appoints magistrates
this power is delegated to the senior presiding judge
local advisory committees recommend appointees (usually ex mags)
adverts are placed on local buses and open evening are held at local court
what are the formal requirements as to age and residence for lay magistrates?
must be 18 - 65 on appointment but can sit until they are 70
not many young people are appointed
only 3% of mags were under the age of 40
what is the composition of the bench like today?
many describe mags as middle aged, middle class and middle minded
53% are women (highest in judiciary)
11% are from ethnic minorities
4% have a disability
what is the magistrates clerk?
every bench is assisted by a clerk, also known as a legal advisor.
the senior clerk is each court has to be qualified as a barrister or solicitor for at least 5 years
their job is to guide the magistrates on questions relating to law, practice and procedure.
set out in s28(3) advice about law, practice or procedure on questions arising in connection with the dishcharge of their functions
they cannot assist in the decision making, they would not normally retire with the judges to make their decisions
clerks deal with routine administrative matters
they can issue warrants for arrests, extend police bail, adjourn criminal proceedings and deal with early administrative hearings.
what is the training needed to become a magistrate
training is supervised by the committee of the judicial college, training often takes place through the clerk of the court or at local universities
new magistrates must cover - initial introductory training, core training, activities
initially, they will be wingers - panel of 3, middle is experienced, other two are new
appraisal after two years
what are the advantages of lay magistrates?
cost effective - voluntary therefore a lot more cost effective than judges
represent the community - chosen as people who live in the local community, know local issues. supposed to represent this
tend to have greater diversity than judges
dont have full legal training
