Lay Magistrates (SA P1 CRIMINAL COURTS AND LAY PEOPLE)

Question 1

What is meant by ‘lay’?

Answer 1

Ordinary, legally unqualified

Question 2

How many cases a year do Magistrates get?

Answer 2

• 2 million
• Includes 95% of all criminal cases

Question 3

What are the 6 judicial qualities required?

Answer 3

• Good character
• Understanding and communication
• Social awareness
• Maturity and sound temperament
• Sound judgement
• Commitment and reliability

Question 4

Other requirements for magistrates

Answer 4

• Aged 18-74
• Commit to at least 26 half days a year
• Serious criminal convictions or those with conflict of interest (e.g police officer/traffic warden/relative on the bench) or with a condition which would interfere with their duties are not eligible

Question 5

Who recruits magistrates?

Answer 5

Local Advisory Committees (LAC)

Question 6

Who makes up the LAC?

Answer 6

• former magistrates
• Key community leaders
• e.g members of trade unions, charities, local political parties

Question 7

2 stage interview process

Answer 7

• When applying: fill in application form and give names of 2 referees
• 1st interview: assesses candidate’s personal attributes (6 key qualities). Explore candidate’s attitudes on various criminal justice issues
• 2nd interview: tests candidate’s potential judicial aptitude, done by discussion of two case studies typical of those heard regularly at Magistrates court
• LAC try to ensure selection of magistrates produces balanced bench which reflects a cross section of society

Question 8

Appointment of magistrates

Answer 8

• LAC submit names of suitable candidates to Senior Presiding Judge for England and Wales (Crime and Courts Act 2013)
• Candidates appear in court and swear the oath of allegiance
• May continue to sit until age 75

Question 9

Role of magistrates in criminal cases

Answer 9

• Undertake Early Administrative Hearings (remand hearings, bail applications, committal proceedings)
• Sit as bench of 3, listen to defence and prosecution, retire to reach decision, offered guidance from legal advisor
• Deal with plea before venue/ mode of trial hearings in triable either way offences, find defendant guilty/not guilty, sentencing/sending to crown court
• Sending for trial (indictable)
• Deal with search and arrest warrants and extensions to detention in custody
• Specially trained panel deal with young offenders (Youth Court)
• Sit with judge in crown court to hear appeals from magistrates court