Lay Personnel (magistrate)

Question 1

What are Magistrates also known as

Answer 1

Justice of peace

Question 2

What makes up the Magistrate

Answer 2

There is a tradition of using lay people, i.e. people who are not legally qualified, in the decision-making process in our courts

Question 3

What is the Magistrates main function

Answer 3

carry out their duties locally and deal with most criminal cases. They consider the evidence in each case and reach a verdict. If a defendant is found guilty, or pleads guilty, they decide on the most appropriate sentence. Magistrates deal with the less serious criminal cases, such as minor theft, criminal damage, public disorder and motoring offences.

Question 4

how many lay magistrate is operating in the court

Answer 4

19000

Question 5

what is the percentage of cases the lay magistrate handle

Answer 5

Over 1 million criminal cases a year – 95 per cent of all criminal trials, with the remaining being heard in the Crown Court.

Question 6

What are the benefits of the lay Magistrate

Answer 6

Lay magistrates do not receive a salary, but they receive travelling allowances , subsistence allowances and financial loss allowances.

Question 7

How do the lay magistrate sit to hear cases

Answer 7

They sit to hear cases as a bench of two or three magistrates.

Question 8

How many lay magistrate could sit to hear a case before 1996

Answer 8

before 1996 there could be up to seven magistrates sitting together to hear a case.

Question 9

What powers do a lay magistrate have sitting by him self

Answer 9

A single lay magistrate sitting on his own has limited powers. He can issue search warrants and warrants for arrest. He can also sit to decide mode of trial proceedings for offences triable either way when the decision as to whether the case will be tried in the Magistrates’ Court or the Crown Court is made.

Question 10

What can a lay magistrate do from 2015

Answer 10

From 2015, a single magistrate also has powers to try and sentence very low-level criminal offences (see

Question 11

What are district judges

Answer 11

They are qualified judges who work in Magistrates’ Courts.

Question 12

what were district judges call prior 1999

Answer 12

Prior to 1999, they used to be called stipendiary magistrates.

Question 13

How many professional district judges

Answer 13

In 2016 there were around 140 District Judges working in the judicial system.

Question 14

What can district judges do ?

Answer 14

Under the Access to Justice Act 1999, they are appointed to a single bench with national jurisdiction.

Question 15

How long is the JP around?

Answer 15

The office of JP is very old, dating back to the twelfth century at least. In 1195 Richard I appointed ‘keepers of the peace’.

Question 16

What happened by the mid 13th century

Answer 16

By the mid-thirteenth century the judicial side of their
position had developed and by 1361 the title ‘Justice of the Peace’ was being used.By this time JPs already had the power to arrest suspects and investigate crime.

Question 17

What power was granted to JP in 1382?

Answer 17

In 1382 they were given the power to punish offenders.

Question 18

What did the statue in 1363 stated

Answer 18

A statute in 1363 provided that the justices should meet
at least four times a year in each county. These meetings, which became known as Quarter Sessions, continued to be held until they were abolished in 1971.

Question 19

What occurred over the years to JP

Answer 19

Over the years JPs were also given many administrative duties, for example being responsible for the poor law, highways and bridges, and weights and measures.

Question 20

Does the lay magistrate need any qualification

Answer 20

Although no formal qualifications are required, certain qualities are required and there are some limitations on who can be appointed.

Question 21

What did the Lord Chancellor do in 1998?

Answer 21

In 1998, the Lord Chancellor set out six key qualities which candidats should have. These are:
Good character
Understanding and communication
Social awareness
Maturity and sound temperament
Sound judgement
Commitment and reliability

Question 22

Who appoints Lay magistrates

Answer 22

Lay magistrates are appointed by the Lord Chief Justice in the name of the Crown, on the advice of local Advisory Committees. Candidates are interviewed by the Committee, which then makes a recommendation to the Minister, who usually follows the recommendation.

Question 23

Between what ages can a magistrate be appointed ?

Answer 23

Lay magistrates must be aged between 18 and 65 on appointment.

Question 24

What in happened 2000 what the age limit for lay magistrate?

Answer 24

Until 2000 it was unusual for anyone over the age of 60 to be appointed but the Lord Chancellor recognised that there were many people who, having retired at 60, had the time for the commitment to magistrates’ duties which they did not have when they were working. He increased the age limit and now will consider a person who is over the age of 60.The youngest person to be appointed as a magistrate was Lucy Tate, who was 19 years old when she was appointed in 2006.

Question 25

When did the lord chancellor do concerning young lay magistrate ?

Answer 25

The lower age range was reduced to 18 in 2003, but it is
unusual for a person under 27 to be considered as it is felt that they will not have enough experience.However, since 2004 a few younger magistrates have been appointed. The average age of a magistrate is 57, only 4 per cent of magistrates are under the age of 40, and almost a third
are in their 60s.

Question 26

What was the requirement for lay magistrate before 1906?

Answer 26

Before 1906 there was a property qualification which meant that magistrates had to be home owners or tenants of property above a certain value.

Question 27

What was the lay magistrate main gender before 1919?

Answer 27

Also, before 1919 the Bench was an all-male affair with women becoming eligible for appointment only in 1919.

Question 28

Is there any property and gender requirement has of late ?

Answer 28

No! Today there are no property qualifications and women now make up almost half of the magistracy.

Question 29

What was the rule before 2003 concerning lay magistrate area to live ?

Answer 29

Up to 2003, it was necessary for lay magistrates to live within 15 miles of the commission area for the court which they sat in

Question 30

What did the court do in 2003 concerning magistrate areas

Answer 30

In 2003 the Courts Act abolished commission areas. Instead there is now one commission area for the whole of England and Wales.

Question 31

What is expected of the Lay magistrate concerning the area they work

Answer 31

These areas are specified by the Lord Chancellor

and lay magistrates are expected to live or work within or near to the local justice area to which they are allocated.

Question 32

What are the commitments of the lay magistrate ?

Answer 32

The other requirement is that lay magistrates are prepared to commit themselves to sitting at least 26 half days each year. This is quite an onerous commitment and does prevent some people from applying to be a magistrate

Question 33

Do people with criminal convictions get appointed to be lay magistrate

Answer 33

no

Question 34

Does a conviction for a minor motoring offence disqualifiy a candidate?

Answer 34

No not automatically

Question 35

Example of others who are not qualified to be lay magistrate

Answer 35

Others who are disqualified include undischarged bankrupts, members of the forces and those whose work is incompatible with sitting as a magistrate, such as police officers and traffic wardens. Relatives of those working in the local criminal justice system are not likely to be appointed as it would not appear ‘just’ if, e.g. the wife of a local police officer were to sit to decide cases.

Question 36

How many lay magistrate is appointed each year ?

Answer 36

Between about 1,700 and 2,200

Question 37

Who was assigning lay magistrate first ?

Answer 37

Until 2013 the Lord Chancellor appointed all lay magistrates.

Question 38

Who appoints lay magistrate now

Answer 38

From 2013 this power has been transferred to the Lord Chief Justice, in the name of the Crown, on the advice of local Advisory Committees.

Question 39

What follows the Courts Act 2003

Answer 39

Following the Courts Act 2003, magistrates are appointed nationally rather than locally.

Question 40

What age do lay magistrate usually retired ?

Answer 40

The retirement age is 70, but when magistrates become 70 they do not officially retire – instead their names are placed on the Supplemental List. This means that they can no longer sit in the Magistrates’ Court. However, they can continue to carry out some administrative functions mainly connected with signing documents.

Question 41

What does the Courts Act 2003 and the

Constitutional Reform Act 2005,

Answer 41

The Lord Chancellor with the concurrence of the Lord
Chief Justice has the statutory power to remove a magistrate for the following reasons:
● on the ground of incapacity or misbehaviour;
● on the ground of a persistent failure to meet the prescribed standards of competence; and
● if the Minister is satisfied that the lay justice is declining or neglecting to take a proper
part in the exercise of his or her functions as a magistrate.

Question 42

In addition, magistrates are prevented from exercising their functions if they suffer from an incapacity.

Answer 42

In 2009 a magistrate resigned after he inappropriately used the networking website Twitter. One message he posted stated: ‘Called into court today to deal with those arrested last night and held in custody. I guess they will be mostly drunks but you never know.’ Ironically, he announced his resignation on Twitter.

Question 43

COMPOSITION OF THE BENCH TODAY

Answer 43

The traditional image of lay justices is that they are ‘middle class, middle-aged and middle minded’. This image is to a certain extent true:

Most magisrates are over 50. Magistrates under the age of 40 are still rare, making up only 4% of the magistracy.
Drawn overwhelmingly from professional and managerial ranks.
40% of them were retied from full-time employment.
However, it is very well-balanced in terms of women and ethnic minority.
The relatively high level of ethnic minority magistrates is largely a result of campaigns to attract a wider range of candidates.

These have been adverts encouraging people to apply placed in some 36 different newspapers and magazines. The Lord Chancellor has encouraged disabled people to apply to become magistrates – in 1998 the first blind lay magistrates were appointed.

Question 44

Who supervised the lay magistrate training

Answer 44

The training of lay magistrates is supervised by the Magistrates’ Communities of the Judicial Studies Board.This Committee has drawn up a syllabus of the topics which lay magistrates should cover in their training.

Question 45

What the alternative for huge number of magistrate coming to be trained

Answer 45

However, because of the large numbers of lay magistrates, the actual training is carried out in local areas, sometimes through the clerk of the court, sometimes through weekend courses organized by universities, with magistrates from the region attending.

Question 46

What happened in 1998 with the magistrate training

Answer 46

In 1998, the Magistrates New Training Initiative was introduced (MNTI 1). In 2004 this was refined by the Magistrates National Training Initiative (MNTI 2).

The framework of training is divided into four areas of competence, the first three of which are relevant to all lay magistrates. The fourth competence is for chairmen of the Bench. The four areas of competence are:

Managing yourself – this focuses on some of the basic aspects of self-management in relation to preparing for court, conduct in court and ongoing learning.
Working as a member of a team – this focuses on the team aspect of decision making.
Making judicial decisions – this focuses on impartial and structured decision making.
Managing judicial decision-making – this is for the chairman’s role and focuses on working with the legal adviser, managing the court and ensuring effective, impartial decision-making.
For delivering training there are Bench Training and Developmental Committees (BTDCs) and section 19(3) of the Courts Act 2003 sets out a statutory obligation on the Lord Chancellor to provide training and training materials.

Question 47

Syllabus for training

Answer 47

There is a syllabus for new magistrates which is divided into three parts. These are:

1 Initial introductory training: This covers such matters as understanding the organization of the Bench and the administration of the court and the roles and responsibilities of those involved in the Magistrates’ Court.
2 Core training: This provides the new magistrate with the opportunity to acquire and develop the key skills, knowledge and understanding required of a competent magistrate.
3 Activities: These will involve observations of court sittings and visits to establishments such as a prison or a probation office.

Question 48

Mentors

Answer 48

Each new magistrate keeps a Personal Development Log of their progress and has a mentor (an experienced magistrate) to assist them. the initial introductory training is covered before the new magistrate starts sitting in court.

They will also take part in a structured courtroom observation of cases on at least three occasions. These should be arranged so that they see different aspects of the work and should include preliminary decisions such as bail, a short summary trial and sentencing.

Question 49

Training sessions

Answer 49

These are organized and carried out a local level within the 42 court areas. Much of the training is delivered by justices’ clerks. The Judicial Studies Board intends that most training should still be delivered locally.

However, the Board takes into the account the need to collaborate regionally and nationally where appropriate. In particular, the training of Youth and Family Panel chairmen will be delivered nationally for areas which do not have enough such chairmen requiring training to run an effective course locally.

Question 50

Appraisal

Answer 50

During the first two years of the new magistrate sitting in court, between 8 and 11 of the sessions will be mentored. In the same period the magistrate is also expected to attend about seven training sessions. After two years, or whenever it is felt that the magistrate is ready, there will be an appraisal of the magistrate to check if they have acquired the competencies.

Any magistrate who cannot show that they have achieved the competencies will be given extra training. If they still cannot achieve the competencies, then the matter is referred to the Local Advisory Committee, who may recommend to the Lord Chancellor that the magistrate is removed from sitting.

This new scheme involves practical training ‘on the job’. It also answers the criticisms of the old system where there was no check made on whether the magistrate had actually benefited from the training session they attended.

Those magistrates who chair the Bench are also appraised for this role, so that the quality of the chairing in court is improving.

Question 51

THE MAGISTRATES’ CLERK

Answer 51

Every Bench is assisted by a clerk. These are now also referred to as legal advisers. The senior clerk in each court has to be qualified as a barrister or solicitor for at least 5 years.

The clerk’s duty is to guide the magistartes on questions of law, practice and procedure. The clerk is not meant to assist in the decision-making and should not normally retire with the magistrates when they go to make their decision.

Clerks deal with routine administrative matters and in May 1993 were given increased powers so that they can now issue warrants for arrest, extend police bail, and adjourn criminal proceedings. The Crime and Disorder Act 1998 also gives clerks the powers to deal with Early Administrative Hearings.

Question 52

ADVANTAGES OF MAGISTRATES

Answer 52

1. Cross-section of society
2. Local knowledge
3. Cost
4. Legal adviser
5. Few appeals

Question 53

1. Cross-section of society

Advantages

Answer 53

Lay magistrates provide a wider cross-section on the Bench than would be possible with the use of professional judges. This is particularly true of women, with 50% of magistrates being women compared with 22% of judiciary overall.

Also, ethnic minorities are reasonably well represented in the magistracy. Lay magistrates are more representative than District Judges in the Magistrates’ Courts.

Question 54

2. Local knowledge

Advantages

Answer 54

Lay magistrates used to have to live within 15 miles of the area covered by the commission, in order that they would have local knowledge of particular problems in the area.

Under the Courts Act 2003, there is no longer a formal requirement that they should live in or near the area in which they sit as a magistrate, although it is intended that normally magistrates will continue to sit in the local justice area in which they reside. However, if there is a good reason to do otherwise, e.g. where it is easier for the magistrate to sit in he are where he or she works, then this is allowed.

Even though lay magistrates live or work in the relevant justice area, it is sometimes argued that they do not have any real knowledge of the problems in the poorer areas. This is because most magistrates come from the professional and managerial classes and will live in the better areas. However, their main value is that they will have more awareness of local events, local patterns of crime and local opinions than a professional judge from another area.

Question 55

3. Cost

Advantages

Answer 55

The use of unpaid lay magistrats is cheap. The cost of a trial in the Magistrates’ Court is also much cheaper than a trial in the Crown Court. This is partly because the processes in the Crown Court are more complex and therefore likely to take longer, but even so it is clear that the cost both to the government and to defendants whopay for their own lawyer is much higher.

Question 56

4. Legal adviser

Advantages

Answer 56

Since 1999, all newly appointed magistrates’ clerks have to be legally qualified. In addition, existing clerks under the age of 40 in 1999 ave to qualify within ten years. The availability of a legal adviser gives the magistrates access to any necessary legal advice on points that may arise in any case. This overcomes any criticism of the fact that lay magistrates are not themselves legally qualified.

Question 57

5. Few appeals

Advantages

Answer 57

Comparatively few defendants appeal against the magistrates’ decisions, and many of the appeals that are made are against sentence, not against the finding of guilt. There are also few instances where an error of law is made.

Question 58

DISADVANTAGES OF MAGISTRACY

Answer 58

1. Prosecution bias
2. Inconsistency in sentencing
3. Reliance on the clerk

Question 59

1. Prosecution bias

Disadvantages

Answer 59

It is often said that lay magistrates tend to be prosecution biased, belieiving the police too readily. One fact supporting this theory is that there is a lower acquittal rate in Magistrates’ Courts than in the Crown Court. There is also the fact that they will see the same Crown Prosecution Service prosecutor or designated case worker frequently and this could affect their judgement.

However, part of their training is aimed at eliminating this type of bias.

Question 60

2. Inconsistency in sentencing

Disadvantages

Answer 60

Magistrates in different areas often pass very different sentences for what appear to be similar offences.

Despite the training scheme for lay magistrates, figures for 2010 still show wide-ranging discrepancies in sentencing.

Question 61

3. Reliance on the clerk

Disadvantages

Answer 61

The lack of legal knowledge of the lay justices should be offset by the fact that a legally qualified clerk is available to give advice.

However, this will not prevent inconsistencies in sentencing since the clerk is not allowed to help magistrates decide on a sentence. In some courts, it is felt that the magistrates rely too heavily on their clerks.

Question 62

MAGISTRATES’ DUTIES

Answer 62

Magistrates have a very wide workload which is mainly connected to criminal cases, although they also deal with some civil matters, especially family cases. They try 97% of all criminal cases and deal with preliminary hearings in the remaining 3% of criminal cases. This will involve Early Administrative Hearings, remand hearings, bail applications and committal proceedings.

They also deal with civil matters which include the enforcing of debts owed to the utilities (gas, electric and water), non-payment of the council tax and non-payment of television licenses.

In addition, they hear appals from the refusal of a local authority to grant licenses for the sale of alcohol and licences for betting and gaming establishments.

Specially nominated and trained justices form the Youth Court panel to hear criminal charges against young offenders aged 10 -17 years old. These panels must usually include at least one man and one woman. There is also a special panel for the Family Court to hear family cases including orders for protection against violence, affiliation cases, adoption orders and proceedings under the Children Act 1989. This court will become part of the new Family Court which is to be set up under the Crime and Courts Bill 2012.

Lay magistrates also sit at the Crown Court to hear appeals from the Magistrates’ Court. In these cases, the lay justices form a panel with a qualified judge