Magistrates

• What is a lay person?

  Someone who is legally unqualifed.
• Magistrates are lay people:

  • Not trained Solicitors or Barristers
  • Not judges
  • May not have a law degree
• Name the 6 qualities sought in a prospective magistrate.

  1. Make fair, impartial decisions
  2. Understand different perspectives
  3. Communicate with respect
  4. Show self awareness
  5. Work with others professionally
  6. Have good character
• What restricts someone from becoming a Mag?

  • Serious criminal convictions
  • Bankrupt
  • Including directors of liquidated companies
  • Incompatible job
• Explain how Mags are appointed.

  1. Apply
  2. Shortlist
  3. Interview
  4. Interviews
  5. Balance
  6. Recommendation
  7. Appointment
• 1: Apply

  Apply online via directgov website or by post.
• 2: Shortlist

  The Local Advisory Committee (LAC) creates a shortlist and checks references.
• 3: Interview

  Interviews are arranged by a panel made of 2 Mags and 1 LAC member.
• 4: Interviews

  There will be 2 interviews:

  1. 6 key attributes + 2 court visits
  2. Decision making and mock sentencing exercises
• 5: Balance

  LAC reviews candidates to ensure a balanced bench.
• 6: Recommendation

  LAC submits its recommendations to the office of the Lord Chief Justice.
• 7: Appointment

  A senior judge makes the appointment (on behalf of the Lord Chief Justice and the Crown).
• Pre-trial work

  • Applications for bail (conditional/unconditional)
  • If bail isn't granted, D is held on remand
  • Issue warrants if police want to search property
  • Issue summons
  • Extend time police can hold a suspect (Max. 96 hours)
  • Refer offences to Crown Court for trial
• During trial work

  • Hear summary or triable either way offences
  • Listen to evidence
  • Take legal advice from the court clerk
  • Reach verdict
  • Hear cases in the Youth Court (Suspects between age 10 and 17)
• Post-trial work

  • Sentence the defendant if found guilty (Max. 6 months)
  • Refer to crown for sentencing if Mags powers are insufficient
  • 2 Mags can hear appeals in the Crown Court with 1 Judge
• Qualification

  1. Aged 18 to 74
  2. Live or work in the local justice area
  3. 26 half days per year
• Type of offences

  • Summary
  • Triable either way
• Indictable offences

  Not tried by Mags.

  Mags prepare the case for the Crown Court trial.
• When D does not pose a danger to the public, Mags will hear an application for bail.

  • unconditional bail
  • conditional bail

  If bail is not granted, D is held on remand.
• If police want to keep D longer, for questioning, they apply to Magistrates for an extension.

  The maximum time is 96 hours.
• If police want to search a person’s property, Mags will issue a warrant.

  If someone is being called to attend court, Mags will issue a summons.
• Ds aged between 10 and 17 are tried by specially trained Mags in the Youth Court.
• 3 Mags will listen to evidence, get advice from the court clerk and reach a verdict.
• If D is guilty, they will sentence him.

  The maximum sentence is 6 months in prison.

  If they have insufficient powers, D is transferred to the Crown Court.
• Mags also hear appeals against sentence or conviction in the Crown court, with a judge.