magistrates

• magistrates are lay people who are involved in the criminal justice system, they have a role within and outside of the magistrates court
• Magistrates deal with cases in the magistrate's court, this means dealing with ALL summary cases, mode of trial hearings, and some triable either way offence trials.
• Magistrates are reuqired to sit for 26 half days a year
• Magistrates work on a bench of three, one chairman and two wingmen. They are assisted by a legal advisor who will advise them on the law.
• The magistrate's role in the magistrate's court is to pass an appropriate sentence in their cases
• Where a defendnat pleads not guilty within the magistrate's court, there is a trial.
• Magistrates are able to pass a maximum of 6 months of imprisonment for any one offence
• According to the criminal justice and public order act of 1994, magistrates are required to conduct a transfer for trial proceedings to transfer a case to the crown court should it be one dealing with an indictable offence.
• The work of a magistrate outside of court includes:

  1. issuing warrants to the police for search and arrest
  2. extensions of custody for a maximum of 96 hours
  3. signing legal documentation
  4. mentoring new magistrates
• A legal advisor assists each magistrate's court:

  • the legal advisor is a solicitor or barrister who has worked in either position for at least 5 years, they will be the administrator of the court.
  • the legal advisor calls cases, reads charges, takes te plea, and determines the defendant's eligibility for legal funding for representation, liaises with the lawyers, and helps to keep the court running smoothly.
• Candidates for being a magistrate must be between the ages of 18 an 74 years of age.
• Candidates for being a magistrate must also have the following 6 qualities:

  1. good character
  2. understanding and communication
  3. social awareness
  4. maturity and sound temperament
  5. sound judgement
  6. commitment and reliability
• What does it mean for a magistrate to have good character?

  They have personal integrity, and respect and trust of others.
• Why does a magistrate need to have good understanding and communication?

  Magistrates will deal with documents, identify dacts and follow evidence which they'll need to understand
• What does it mean for a magistrate to have social awareness?

  they need to understand the local issues, respect for diversity and the rule of law.
• What does it mean for a magistrate to be mature and have a sound temperament?

  It means they have a sense of fairness, humanity and courteousness
• What does it mean for a magistrate to have sound judgment?

  They will be able to think logically, to weigh arguments and have an open mind while being objective
• What does it mean for a magistrate to have commitment and reliability?

  The magistrate must be committed to serving the community, willing to undergo training and in sufficient good health.
• In terms of qualification to become a magistrate:

  1. the candidate is expected to live or work near to the court they'll be serving in
  2. the candidate must show commitment that shows they are prepared to sit for at least 26 half days per year
  3. the candidate sut take an oath of allegiance
• who is disqualified from being a magistrate?

  Professions that have a conflict of interest, such as being a police officer or traffic warden

  Undischarged and/or bankrupt people

  members of the armed forces

  relatives of those working in the local criminal justice system

  those who have impaired hearing

  people who have close relatives to other magitrates on the same bench

  people who have serious criminal convictions or a series of minor convictions
• To be appointed:

  • the potential candidate must complete an application form or be recommended by someone
  • those who meet the criteria go through two interviews
  • the senior presiding judge will appoint lay magistrates based on recommendations made by the local advisory committee (LAC)
  • The LAC should have a max 12 members, who are a mixture of magistrates and non magistrates
• The first magistrate interview:

  • It deals with the personal attributes of the candidate to check if they have the 6 criteria
  • The first part of the interview will focus on the contents of the application form, then on more general topics such as criminal justice issues and the applicant's knowledge of social issues in the local area
  • the candidate will be asked mandatory good character and background questions
  • the candidate will be asked questions on their commitment and observations when visiting the magistrate's court
• The second Magistrate's interview:

  • The second interview deals with testing the candidate's judicial aptitude, which will involve looking at case studies.
  • the candidate will undertake a ranking exercise in which they will be asked what they consider the four most serious offences out of ten other offences
  • there will be also an exercise in which the candidate discusses a fictional case study
  • a list of successful candidates is then sent to the senior presiding judge, who appoints them from a list.
• The local advisory council sends a list to the senior presiding judge who will appoint the magistrate with a view of balancing the bench