Lay people - lay magistrates

Question 1

Define Lay Magistrate

Answer 1

these are unpaid, part-time judges who have no legal qualifications and hear cases in the Magistrates Court

Question 2

What are the age ranges for Lay Magistrates?

Answer 2

18-65 on appointment but once appointed they can work till 70

Question 3

Do Magistrates need qualifications?

Answer 3

No they do not need legal qualificatios

Question 4

What “qualifications” do Magistrates need? (6 points)

Answer 4

Good character

Understanding and communication

Social awareness

Maturity and sound temperament

Sound judgement

Commitment and reliability

Question 5

How do they decide which court a magistrate will work in?

Answer 5

Magistrates are allocated to work in local justice areas. They are expected to live near to the area

Question 6

Who decides where the Magistrates work?

Answer 6

Lord Chancellor

Question 7

How often are magistrates required to work?

Answer 7

Minimum is 26 half days a year

Question 8

Who can’t be appointed as a magistrate?

Answer 8

1) People with severe criminal offences
2) people with undischarged bankrupts
3) members of the force and people who’s work is not compatible with sitting as a magistrate (police officers and traffic wardens)

1) relatives of those working in the local criminal justice system (wife of a police man)
2) deaf
3) people to sick to do the job

Question 9

Who can appoint magistrates?

Answer 9

1) lord Chief Justice

2) senior presiding judge

Question 10

What does the local advisory committee do?

Answer 10

They advise to the lord Chief Justice of who is fit to be a magistrate through interviews

Question 11

How many members are on the local advisory committee?

Answer 11

12 about half non magistrates and half magistrates

This list of members must be published

Question 12

How do they recruit magistrates?

Answer 12

Put advertisements in papers
Encouraged to go to local open evenings at the local court
They want a wide range of people from different backgrounds

Question 13

What are the two stages of the interview process?

Answer 13

Stage 1 - looking to see if they have the six key qualities and explores the candidates attitudes on various criminal justice issues such as drink driving

Stage 2 - discussion of at least 2 cases that come up often in the court

Question 14

What happens after the interview process?

Answer 14

The advisory committee will give the lord Chief Justice a list of names of candidates they think are suitable. He will then choose who will start their training

Question 15

What is the composition of the magistrates bench?

Answer 15

53% are women
11% have ethnic backgrounds
4% have disabilities

Question 16

What are the roles of magistrates?

Answer 16

1) hear all summary offences
2) hear triable either way offences where the defendant has chosen to be heard in the magistrates court
3) hear the preliminary hearing of all indictable and triable either way offences
4) decide if defendant is guilty or not guilty and when guilty sets sentence
5) can fine offenders, disqualify them from driving and order discharge
6) also do all preliminary work for cases heard in the magistrates court such as remand hearings and bail applications

Question 17

What are the specialised magistrates and where do they work?

Answer 17

1) Youth court - specially trained to hear cases for children aged 10-17
2) Family court - specially trained to hear cases on family matters such as custody issues
3) Appeals - 2 magistrates sit in the crown court along side a qualified judge to hear appeals from the magistrates court

Question 18

What training do the magistrates have?

Answer 18

1) initial introductory training - cover matters such as organisation of bench, administration of the court and the roles and responsibilities
2) core training - acquiring and developing key skills, knowledge and understanding required to do the job competently
3) activities - include observations of courts and visits to establishments such as prisons

Question 19

Where can the training sessions be takes out?

Answer 19

1) locally by the justices’ clerk

2) nationally if it’s about youth panel and family court

Question 20

What do the magistrates have to do after completing the core training and observation of cases?

Answer 20

They then sit as a winger with another winger with an experienced magistrate in the middle to hear cases

Question 21

What’s an appraisal?

Answer 21

An interview to make sure that the magistrate can do its job competently. This usually happened after the magistrate has been hearing cases for 2 years. In those 2 years they are observed sometimes and also carry on their training

Question 22

What happens if a magistrate shows that they are not competent?

Answer 22

They will be given extra training and if they still cannot show competency the matter will then be referred to the local advisory committee who may recommend to the lord Chief Justice that the magistrate is removed from sitting