Lay Magistrates

Question 1

How are Lay Magistrates selected and appointed?

Answer 1

• No formal qualifications needed
• Have the ‘6 key qualities’
• Interviewed by Local Advisory Committee
• Appointed by Lord Chancellor

Question 2

What are the ‘6 key qualities’?

Answer 2

1) Good Character
2) Understanding and Communication
3) Social Awareness
4) Maturity and Sound Temperament
5) Sound Judgement
6) Commitment and Reliability

Question 3

What are the roles of Lay Magistrates?

Answer 3

• First hearing of all criminal cases
• Normally try summary offences (sometimes triable-either-way offences)
• Sentence the guilty defendants
• Some civil work
• Family Court, also Youth Court
• Sit with a judge to hear appeals at the Crown Court

Question 4

What are the roles of the Magistrates Clerk?

Answer 4

• Legally qualified
• Advises Magistrates on points of law
• Does not influence the Lay Magistrates come to a decision

Question 5

What are the advantages of Lay Magistrates?

Answer 5

• Involves community in the law system
• Women and ethnic minorities are well represented
• Local knowledge
• Training is cheap
• Cases are dealt with quickly
• Very few appeals

Question 6

What are the disadvantages of Lay Magistrates?

Answer 6

• Not as true cross-section of society
• Often middle-ages and middle-classed as they are not paid
• May be ‘prosecution minded’
• May rely on the clerk
• Inconsistency in sentencing and bail
• Workload too wide and heavy for ‘amateurs’