Session 18, lay magistrates and people

Question 1

What are lay magistrates and what do they do?

Answer 1

• sit to hear cases as a bench of two or three
• justice of peace
• can issue warrants for arrest
• can conduct early administrative hearings

Question 2

What qualifications do lay magistrates have?

Answer 2

• no law qualifications
• good character, understanding and communication, social awareness, maturity, sound judgment, reliability

Question 3

What are the age requirements to be a lay magistrate?

Answer 3

• 18-65 on appointment
• can sit until 70

Question 4

What is the commitment like?

Answer 4

• must sit at least 26 half days per year
• only paid expenses

Question 5

Who are not eligible to be lay magistrates ?

Answer 5

• people with criminal convictions
• undischarged bankrupts
• members of forces
• relatives of local criminal justice
• hearing impaired

Question 6

Who appoints lay magistrates?

Answer 6

• Lord Chief Justice
• decisions on who to appoint made by local advisor committees

Question 7

What are local advisory committees?

Answer 7

• 12 members max
• mixture of magistrates and non-magistrates
• current & ex judges of peace
• must be published

Question 8

How are magistrates recruited?

Answer 8

• advertising in papers
• 2 stage interview. 1st assesses personal attributes and attitude towards criminal justice. 2nd tests candidate’s potential judicial aptitude
• advisory committee submits qualified candidates

Question 9

What is the composition of the bench?

Answer 9

• 53% women
• ethnic minorities reasonably well represented
• 4% disabled

Question 10

What do magistrates deal with?

Answer 10

• all summary cases
• triable either way offences where defendant chooses to be tried at magistrates court
• first hearings of indictable offences
• youth cases
• family cases
• appeal at crown court

Question 11

What do magistrates do when defendant pleads not guilty/ guilty?

Answer 11

• not guilty: decide of there guilt
• guilty: decide sentence

Question 12

What is the syllabus used to train lay magistrates?

Answer 12

1. Initial introductory training: understanding of bench
2. Core training: development of key skills, knowledge & understanding
3. Activities: observation of court & visitation of prison or a probation officer

Question 13

Who conducts lay magistrates training sessions?

Answer 13

Justice clerks

Question 14

What happens at the appraisal?

Answer 14

• magistrates will be checked for acquired competencies
• if competencies not shown they’ll be removed from sitting

Question 15

What is a magistrates clerk?

Answer 15

• legal advisor
• senior clerk in each court must be qualified barrister or solicitor for at least 5yrs
• duty to guide magistrates on questions of law , practice and procedure
• issue warrants for arrest, extend police bail ect
• do not assist with decision making