magistrates

• magistrates who are also known as justice of peace or JP’s, are volunteer judges they are not paid for the work they do except for expenses
• as of the 1st april 2014, there were 15,003 a 40% drop from the 25,155 that were in the role of 2012 this is partly because the workload of magistrates has fallen as more cases are dealt with out of court and partly due to a downturn in recruitment
• district judge (magistrates’ courts)

  • qualified solicitors or barristers with at least 5 years‘ rights of audience or experience
  • sit alone to hear criminal cases, youth cases and also some civil proceedings in magistrate’ courts
  • can be authorised to hear in the Family Court
  • some are authorised to deal with extradition proceedings and terrorist cases
  • there are 145 district judges (magistrate’ courts) they are justices of the peace
  • more legally complex or serious cases in the magistrates’ courts are reserved to these judges
• role of the magistrates

  • deal with over 95% of all criminal offences, and have a role in all criminal cases
  • they work in a “bench” (team) of three, one of the three will be the chairperson of the bench
  • hear less serious cases
  • commit serious cases to crown court
  • bail applications
  • fine reinforcement
  • search warrants
• • The clerks job is to advise the magistrates on the relevant law, practice and procedure, including sentencing options, and to ensure that all relevant paperwork and exhibits are ready for the case hearing
  • Legal advisors can also exercise certain empowers, for example to issue a summons, adjourn proceedings, extend bail, or request a pre-sentence report
• role of magistrates at trial

  • listen to the evidence and decide, based on their findings of fact, whether the defendant is innocent or guilty
  • They say as a bunch of three, and can decide anonymously or buy a majority
  • Following the judicial review and court act 2022 the maximum sentence that can be passed by the magistrates court has increased from 6 to 12 months
  • If the offence is more serious than such powers allow for, the magistrates can commit the defendant to Crown Court for sentencing
• • under S85 legal aid, sentencing and punishment of offenders act 2012 the maximum fine that can be imposed by magistrates court has also increased from £5000 to an unlimited fine for offenses worthy of a level 5 punishment
• youth court

  • specially trained magistrates to deal with defendants age 10 to 17
  • Always one man and one woman on the bench
• qualifications required of magistrates

  • no formal qualification required
  • Candidates must be over 18 and under 65 and retire at 70
  • Expected to serve for at least five years
  • Candidates must be available for 13 days or 26 half days per year
  • Unlikely to be taken on if they have been found guilty of serious crime or a number of minor offences
  • Unlikely to be if they have been declared as bankrupt or banned from driving
  • cannot become magistrates if conflict of interest
• basic requirements candidates must meet to become magistrates

  • six key qualities : good character, understanding & communication, social awareness, maturity, sound judgment, commitment and reliability
  • willingness to take oath of allegiance : jobs and police, army etc may be incompatible
  • disclose all criminal convictions and civil orders : will not be appointed if has committed serious offence or a series of minor offences
• selection and appointment

  • advert in local paper
  • Apply in home or work area
  • Filling application form (eligibility checked)
  • First interview (with local advisory committee)
  • Second interview (practical case examples, background checks)
  • View of LAC sent to Lord Chancellor and SoS for justice
  • appointment
• training of magistrates

  • supervised by judicial studies board
  • Carried out locally, often by clerk of the court
  • Trained before sitting and throughout service
  • 21 hours training prior to qualification
  • training is based on competencies. These are things magistrates need to know and be able to do in order to do their job.
• training - competences

  • there are 3 main competences and an extra one for the chair of the bench
  • manage yourself : preparing for court, conducting court, ongoing learning
  • Working in a team : team aspects of decision-making
  • Making judicial decisions : how to make impartial and structured decisions
  • The chair of the bench will also need training in managing judicial decision-making : working with legal advisor, managing the court
• stages of training

  1. initial introductory training: basics of role before sitting in court
  2. mentoring : specially trained magistrates mentor formal session in first 12 to 18 months
  3. core training : prison visits and observations in first year
  4. Consolidation training: end of first year builds on core training – helps prepare for appraisal
  5. First appraisal

  magistrates will be continually trained after this in order to maintain their competence and keep them updated on new legislation and procedures
• advantages of magistrates

  • one advantage of magistrates is that they are relatively inexpensive, it is said that the cost of replacing them with 1000 qualified judges would be £100 million, they are cheap because they are unpaid, so the majority of criminal cases are heard without the need for a professional judge
  • They are representative of the population in terms of gender and ethnicity 55% of magistrates are women and 12% off from BAME backgrounds, a 4% increase from 2012 and close to the 13% of the population who are from these backgrounds
• Advantages of magistrates

  • another advantage of magistrates is their local knowledge. Time is saved by not having to explain in the location of crime decisions can take into account local problems and sentencing can be sensitive and appropriate.
  • in Paul v DPP (1989) magistrates had to decide whether a kerb crawler was likely to be a nuisance to the other persons. The magistrates knew the area and new kerb crawling was a real problem.
• disadvantages of magistrate

  • magistrates are unrepresentative of society in terms of age 55% of magistrates in 2018 was 60 and over, and only one percent came from the 18 to 29 age bracket only 5% are under 40
  • magistrates are inconsistent in their sentencing in 2005 Bath magistrates sentenced only 14% of defendants to present for ABH Bristol magistrates sentence 26% of defendants to prison for the same crime
  • magistrates seen as case hardened this means that they hear similar cases and similar evidence often from the same police officers and CPS solicitors and maybe more to believe it