Magistrates

• lay magistrates- unpaid, part time judges who have no legal qualifications and hear cases in Magistrates Court.

  There are about 17,500 lay magistrates.

  They sit as a bench of 2 or 3.
• Qualifications of lay magistrates:

  Do not have to have any qualifications to do with law however there are some requirements such as;

  • good character
  • social awareness
  • commitment and reliability

  Must be 18-65 on appointment and can sit until 70.
• Area:

  In the 2003 the courts act abolished commission areas and now there is just 1 in England and wales but the country is divided into local areas.

  They are specified by the Lord Chancellor and lay magistrates are expected to work within or near to the local justice area.
• Commitment:

  lay magistrates must be committed to sitting at least 26 half days each year and they are only paid expenses.
• Restrictions on appointment:

  not eligible if;

  • serious criminal convictions
  • undischarged bankrupts
  • members of the forces
  • police officers
  • relatives of those working in local justice system
  • those with impaired hearing
• Appointment of Magistrates:

  about 700 appointed each year by the Lord Chief Justice who can delegate these powers, relies on recommendations made by the local advisory committees.
• Local advisory committees:

  members tend to be current or ex justices of peace and should have a maximum of 12 members.
• Recruitment of magistrates:

  advertisements are placed in the local paper, buses. people are encouraged to go to open evenings at local Magistrates Court. Intend to create a representative panel of society.
• interview panels for recruitment:

  Usually a 2 stage interview process, at the first interview the panel tries to find out more about the candidates personal attributes and attitudes on criminal issues.

  The second interview is testing their potential judicial aptitude.
• Composition of the bench today:

  • around 53% are women
  • ethnic minorities are well represented, about 11%
  • 4% have a disability
• Role and powers of magistrates:

  • youth court- specially nominated and trained justices hear criminal charges against young offenders often 10-17 years old. Must usually include a man and woman.
  • family court- specially trained magistrates sit on family issues.
  • appeals- sit in crown court to hear appeals from magistrates court, 2 lay magistrates with a qualified judge.
  • deal with preliminary work such as bail applications
• Training of lay magistrates: new magistrates

  1. initial introductory training
  2. core training
  3. activities
• Training of lay magistrates: training sessions

  Carried out at a local level and delivered by Justice's' clerks however some is delivered nationally.

  After this training, they sit as a winger to hear cases and are one of a panel of 3.
• Training of lay magistrates: Appraisal

  during the first 2 years of a new magistrate sitting in court some sessions are monitored and they also may attend more training sessions. After this an appraisal takes place to check they have the required competencies.
• The magistrates clerk:

  every bench is assisted by a clerk also know as a legal advisor. Has to be qualified as a barrister or solicitor for at least 5 years and their duty is to guide the magistrates on questions of law, practice and procedure.

  set out in s28(3) of the Justices of the Peace Act 1979.