Magistrates

• Qualifications

  • What are the age limits?
  • How many days must you give up each year to be a magistrate?
  • Where must you live?
  • Define what is a magistrate?
• Six Qualities

  • The Lord Chancellor set out 6 key qualities which candidates should have
• Qualifications


  • No legal qualifications
  • Must have six key qualities as to their character
  • Set out by Lord Chancellor
  • Good Character
  • Understanding and Communication
  • Social awareness
  • Maturity and sound temperament
  • Sound judgement
  • Commitment and reliability
• Qualifications


  • Must also have certain "judicial" qualities
  • Must be able to take on board factual information
  • Make a rational decision
  • Take into account the opinions of others
  • Work as part of a team
• Qualifications


  • Aged between 18-75
  • Rare that someone under 25 will be appointed
  • Lack of experience
  • Must live near to the court in which they sit
  • Must be prepared to commit themselves to 26 half days each year
  • May deter some people
• Qualifications


  • Serious criminal convictions
  • Minor driving offences are not serious
  • Undischarged bankrupts
  • Some occupations are incompatible with sitting
  • Police officers
  • Traffic Wardens
  • Close relatives of these types of people – not fair
• Selection


  1. About 700 new Magistrates are appointed each year

  2. Appointed by the Lord Chief Justice

  3. Relies on recommendations from local advisory committees

  4. Anyone can put names of potential magistrates forward to LAC

  5. Usually local political parties/trade unions

  6. Advertisements on radio stations, newspapers and/or buses

  7. Aim is to create panels that are representative of society
• Interviews


  1. Two-stage interview process

  2. First interview - personal attributes

  3. Do they have the six key qualities?

  4. Explore candidates attitude to criminal justice issues

  5. Second interview – judicial qualities

  6. Given two case studies and must decide suitable sentence

  7. Advisory committee submits suitable names to the Lord Chief Justice

  8. Once appointed Magistrates sit until they are 70
• Role - In criminal cases

  • Hear 95% of all criminal cases
  • Hear all summary cases
  • Most triable either way cases
  • Hear mode of trial hearings
  • Conduct first hearing for indictable offences
  • If D pleads not guilty will decide the verdict
  • If D pleads or is found guilty will decide sentence
  • Decide if a D gets bail
  • Can grant warrants for arrest
  • Can authorise up to 96 hours detention
  • Sit with a judge in the Crown Court to hear appeals from the Magistrates' Court
  • Sit in the Youth Court (offenders aged 10-17)