Lay People (lay Magistrates) Flashcards
Define lay magistrates
Unpaid part time judges who have no legal qualifications and hear cases in mags
Qualifications for lay mag
18-65 6 key qualities: good character Understanding and communication Social awareness Maturity and sound temperament Sound judgment Commitment and reliability Live or work near area you sit Prepare to sit 26 half days a year
How are you appointed to be mag
Local advisory committee-half retire in rotation every three years. recommend for appointment
Appointment by lord Chief Justice or anyone to whom LCJ has delegated this power
Two stage interview process: 1.) focuses on personal attributes
2.) aimed at testing candidates judicial aptitude
How are you trained as a mag
Supervised by magisterial committee of judicial college
Mostly local - delivered by justice clerks
Syllabus divided to three: 1.) initial intro training
2.) core training on acquiring and developing new skills (will then sit as a winger) 3.) activities like observing court sittings.
Appraisal: first two years some sessions mentored, then expected to attend more training sessions. After two years or when thought as ready then appraisal will occur to make sure mag is competent enough. If not then extra training and then if not then can be referred to local advisory committee who could recommend to Lord C that mag removed
Composition of bench
17.5k lay mags with 47% men 53% women
11% ethnic minorities
4% disabled
Only 3% under 40
Role of mags
Deal summary offences Some triable Preliminary hearings Transfer indictable to crown Youth court Family court Appeals in crown
What does a mags clerk do
Must be qualified as barrister or solicitor for five years. Guides on law and procedure. Set out in s28 (3) Justices of Peace Act 1979.
Issue warrants for arrest, extend police bail, adjourn crim proceedings and deal with early admin hearings
