Lay Magistrates

• "Lay" means not legally qualified.
• Lay magistrate means justice of the peace.
• A maximum of three lay magistrates can sit on a panel and can sentence up to 12 months for a single offence.
• A single magistrate can sit but they have very limited powers.
• Magistrates have no need for legal qualifications but they must be aged towards 18 and 65 and with 6 key characteristics.
• Six key characteristics:

  1. Good character
  2. Understanding and communication
  3. Social awareness
  4. Maturity and sound temperament
  5. Sound judgment
  6. Commitment and reliability
• However there are restrictions:

  • Those with serious convictions
  • Undischarged bankrupts
  • Members of the forces
  • Police officers and traffic warden and close relatives of these professions
  • Those who have an infirmity which prevents them from carrying out the role
• The country is divided into local justice areas and magistrates are expected to live or work in their local area.
• Magistrates must commit to sitting at least 26 half days per year.
• Anyone can apply to be a magistrate.
• There is a two step interview process to appoint someone as a magistrate.
• Interview one will look at personal attributes and learn about personal attitudes around issues like drink driving.
• Interview two will test a candidates potential judicial aptitude and their view on at least two case studies.
• The interview appointments will be made by Lord Chief Justice
• There is a local advisory committee and that tends to be 12 members of magistrates and non-magistrates.
• Magistrates try 97% of criminal cases and 100% of the preliminary hearings.
• There can be specially trained magistrates that can sit in the youth court and can hear cases against 10-17 year olds.