Lay Personnel

Question 0

What percentage of criminal cases do they hear?

Answer 0

97%- they are seen as the work horse of the criminal justice system

Question 1

What are lay magistrates?

Answer 1

Unpaid- only paid loss of earnings
Part time
Not legally qualified

Question 2

What are the criminal duties and roles?

Answer 2

• Bail applications
• Early Administrative Hearings (timetable of court dates)
• Mode of trail election on TEW cases
• Verdicts in summary and TEW cases
• YOUTH COURT- to hear cases of juveniles 10-17
• Issuing warrants and summonses

Question 3

What are the civil duties and roles?

Answer 3

1) Licensing appeals (alcohol, gaming and entertainment)
2) Family Court (adoption, child support agency, care proceedings)
3) Utility Debt enforcement (gas) and non-payment of council tax or TV licence

Question 4

What are the qualifications they need?

Answer 4

1) Commitment- magistrates must sit 26 sessions a year minimum
2) Location- CJA 2003 requires appointment to a local justice area but magistrates have national jurisdiction
3) Age- magistrates must be between 18-65 on appointment

Question 5

What are the 6 qualities they need?

Answer 5

Good Character
Understanding and Communication
Social awareness 
Maturity and sound temperament 
Sound judgement 
Commitment and reliability

Question 6

Who can’t be appointed as a Lay Magistrate?

Answer 6

• Those in work which is incompatible and their relatives e.g. Anyone in criminal justice system
• Close relatives won’t be appointed to the same bench
• Person whose disability means they cannot carry out their duties
• Undischarged bankrupts
• Those who have committed certain serious offences
• Armed Forces

Question 7

Who selects the Magistrates?

Answer 7

Selected by the Local Advisory Committee and made up of 12 people and the Ministry of Justice appoints on behalf of the Queen

• Magistrates should be drawn from a Cross-Section of the local community
• Membership of the LAC has been criticised
• Sworn in at crown

Question 8

What happens in both interview stages?

Answer 8

Interview 1- see if they have the 6 qualities and attitudes on various criminal justice issues

Interview 2- testing candidates potential judicial aptitude and done in discussion of at least 2 cases

Question 9

Composition of the bench

Answer 9

• Half of magistrates are between 60-70 only 4% under 40
• Blind and disabled people can be magistrates (not deaf)
• Majority are from managerial professions
• 40% retired/ 51% are women
• 8% ethnic minority other legal professions have 4%

Question 10

What must the bench be balanced on?

Answer 10

1) Occupation no more than 15% should come from the same category of occupation
2) Age
3) Sex
4) Ethnicity
5) Politics

Question 11

Retirement and Removal

Answer 11

Retire at 70 but placed on supplement list which means they can provide administrative functions such as signing documents

Can be removed by the LC at any time S11 CJA 2003 on the grounds of- incapacity, misbehaviour, persistent failure to meet standards, neglecting duties. They have been removed for criminal convictions and for attending demonstrations

Question 12

District Judge (Mags Court)

Answer 12

• Also hear cases in the magistrates court
• Full time, paid, legally qualified
• Candidates must be lawyers of 7 years standing
• They sit alone on important cases in big cities and appointed by the Queen and LC
• They dispense justice quickly without having to rely on the clerk or other Magistrates
• Controversial because and single person decides guilt and sentence
• Can be appointed to circuit judgeship, this is one solicitor can be a judge

Question 13

What are the 5 stages of training?

Answer 13

1. Initial Training
2. Mentoring
3. Core Training
4. Consolidation Training
5. First Appraisal