Lay Magistrates - English Legal System Flashcards
What are lay magistrates
Lay magistrates also known as Justices of the peace are people who sit as unpaid, part time judges in the magistrates court and there are about 17,500 of them. They will sit to hear cases as a bench of two or three magistrates
How many lay magistrates can sit in a bench
They can sit as part of a bench of two or three and if there is a single magistrate their powers are limited
What are the six key qualities to become a lay magistrate
You need to have: good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement and commitment and reliability
Who is barred from becoming a lay magistrate
People with serious criminal convictions, police officers, traffic wardens, relatives of the above two, the hearing impaired, undischarged bankrupts and members of the forces
How many days a year are magistrates expected to give up
They have to sit at least 26 half days each year
How many lay magistrates are appointed each year and who makes these appointments
About 700 new lay magistrates are appointed and the appointments are made by the Lord Chief Justice who can delegate these powers. He has delegated these powers to the senior presiding judge who relies on recommendations made by the local advisory committees who can have a maximum of 12 members and are usually ex justices of the peace
How are people encouraged to become a magistrate
Positions are widely advertised and anybody can become a magistrate. They encourage a wide range of potential candidates using local papers so that the panel is representative of all aspects of society
How does the interview process work
There is a 2 stage interview process. At the first interview the panel tries to find out more about the candidates personal attributes in particular looking to see if they have the six key qualities required. The interview panel will also explore the candidates attitudes on various criminal justice issues. The second interview is aimed at testing candidates’ potential judicial aptitude and this is done by a discussion of at least 2 case studies. The candidates name will then be submitted if they are suitable to the Lord Chief Justice who will then make the appointment
How is it made sure that there is a wide range of candidates
There are 11 broad categories of occupational backgrounds laid down by the Lord chancellor and no more than 15% can come from one category alone
What jurisdiction do magistrates have in criminal cases
More serious crimes will be passed to the crown court from the magistrates court but all cases will begin in the magistrates court. They decide if the defendant should be kept in custody or let out on strict conditions. They can also give punishments such as fines, unpaid work in the community or prison for up to 6 months or 12 for more than 1 crime
What is the composition of the bench at the moment
53% are women but only 22% of high court judges and above are female. 11% are from ethnic minority backgrounds and less than 5% of the professional judiciary are.
What is the role of magistrates
They mainly work on summary cases and triable either way cases if the Defendant has chosen to be tried in the mags court. They deal with most of the preliminary work e.g early administrative hearings. They hold trials where the defendant has pleaded not guilty and sentence when they have pleaded guilty
Can magistrates hear youth cases
They can hear some youth cases with a youth court panel that includes one man and one woman but they have to be specially nominated and trained to carry out these hearings
How do you train to become a magistrate
The training is supervised by the magisterial committee of the judicial college and carried out locally. The training adds up to 21 hours or 3 and a half days as well as some meetings. The training can take place over a long weekend, weekdays or short evening sessions over several weeks. There are 3 parts to the syllabus. The first is the initial introductory training - this goes over the role, responsibility,duty and administration etc. The second stage is the core training -which provides the magistrates the opportunity to acquire and develop the key skills and knowledge and understanding required of a competent magistrate. The third stage is the activities where you will observe in court sittings and visit establishments such as a prison or a probation office
Who is the magistrates clerk
He is the legal advisor to the bench and he must be qualified as a barrister or solicitor for at least 5 years. They will guide the magistrates on questions of law but can’t assist in the decision making
