Magistrates

• Lay Magistrates:


  Lay = They are all volunteers.

  Qualifications:

  ·         Age 18-65 (retire at 70)

  ·         Live locally

  Must have the Six key qualities:

  Good character,

  Understanding and communication,

  Social awareness,

  Maturity and sound temperament,

  Sound judgment

  Commitment and reliability.

  Disqualified – serious criminal convictions or have a job/connection with the criminal justice system such as police officer.
• Selection process:


  • Local Advisory Committee (LAC) undertake recruitment

  • Vacancies advertised locally

  • Application form needs to be completed

  • LAC carry out two interviews - one to assess attitudes in particular the six key qualities and one to assess judicial skills.

  • LAC submit names of suitable candidates to the Lord Chief Justice who delegates to the local presiding judge to appoint.
• Role of Magistrates


  • Handle 98% of criminal cases
  • All cases start in the magistrates' court
• Trial Duties


  1. Try summary offences

  2. Try some triable either way offences

  3. Conduct the first hearing for serious offences
• Summary offences


  Less serious crimes (e.g., assault, battery) that magistrates can try and sentence up to the offence's maximum penalty
• Triable either way offences

  Offences that can be tried in either magistrates' court or Crown Court (e.g., theft, ABH) with sentencing up to 12 months
• Indictable offences


  Serious offences (e.g., murder, s18 GBH) that magistrates conduct the first hearing for and transfer to the Crown Court for trial
• Additional Powers of Magistrates

  • Issue arrest and search warrants
  • Decide on bail and legal aid eligibility
  • Handle Youth Court cases for defendants aged 10-17
  • Sit with a judge in Crown Court for appeals from the magistrates' court