magistrates

Question 1

who are magistrates?

Answer 1

lay people and are often described as ‘the backbone of the English CJS’

Question 2

what are the qualities that magistrates must have?

Answer 2

• Lay magistrates must be aged between 18 and 70 on appointment (only 3% of magistrates are under the age of 40 – 2016)
• They must be prepared to sit at least 26 half days each year
• Must live/work in or near the local justice area
• Applications should be able to demonstrate six key qualities

Question 3

six qualities that magistrates must have

Answer 3

Good character

Understanding and communication

Maturity and sound temperament

Social awareness

Sound judgement

Commitment and reliability

GUMSSC

Question 4

disqualifications for magistrates

Answer 4

Some people are not eligible to be appointed as lay magistrates, such as:

• Serious criminal convictions
• Undischarged bankrupts
• Members of the Armed Forces
• Police Officers, Traffic Wardens, Solicitors, Barristers and Judges
• Relatives of people who work in the justice system
• Deaf/blind people or disabilities that would prevent the carrying out of key duties

Question 5

selection and appointment of magistrates

LCJ and LAC

Answer 5

• Approx. 700 new Magistrates appointed each year
• Lord Chief Justice - makes these appointments officially
• In practice – Local Advisory Committees select people then refer these names to the LCJ
• Local Advisory Committees has a maximum of 12 members and consists of a mixture of Magistrates and non-Magistrates

Question 6

process of selection of magistrates

Answer 6

• Application must be completed to become a Magistrate (courts will advertise in papers, on buses and in particular magazines – often aimed at ethnic groups)
• Successful applications are called for interview
• Interview 1 – discusses six key qualities and explores attitudes on issues such as youth crime and drink driving
• Interview 2 (if pass Interview 1) – tests applicant’s potential judicial aptitude by looking at case studies and sentencing
• Local Advisory Committee then submits names to LCJ who officially appoints them
• New Magistrates sworn in at Crown Court and undertake training

Question 7

describe the role of magistrates in criminal cases

Answer 7

• Roughly 27,500 magistrates in England and Wales
• Historically referred to as JP’s – Justices of the Peace
• Magistrates are governed by the Ministry of Justice
• Approximately 97% of all criminal cases are dealt with by the magistrates’ courts.
• Magistrates weigh up the facts and evidence, deliver a verdict and decide on a sentence
• Maximum sentence – 6 months in prison, £5000 fine
• There will be a chair of the bench who is supported by two magistrates, one on either side, known as ‘wingers’.
• A single magistrate can sit by himself/herself albeit with limited powers.
• Magistrates also sit in the Youth Court to hear criminal cases involving defendants aged below 18. These are NOT open to the public and the magistrates receive specialist training. Panel must include at least one man and one woman.

Question 8

four main functions of magistrates

Answer 8

• Hearing applications for BAIL
• Early Administrative Hearings – pre-trial aspects
• TRIAL of less serious cases – all summary offences (some TEW offences)
• APPEALS from the Magistrates Court to the Crown Court (2 Magistrates sit with a judge)

Question 9

Legal Adviser

Answer 9

• Often referred to as the clerk
• Must be a qualified solicitor or barrister for at least 5 years
• Guide the Magistrates on questions of law, practice and procedure
• The clerk must not assist in the decision making process
• They can also deal with routine administrative matters e.g. warrants for arrest and the extension of police bail.