magistrates

• Lay magistrates

  .Lay magistrates are volunteers who are not legally qualified

  .They sit in benches of three in the magistrates court and the chairman is the main magistrate

  .They make up 85% of the judicial community as 975 of criminal cases are dealt with by magistrates

  .They are also known as justices of the peace

  .They do not get a salary but will receive expenses, for instance travel and subsistence and a loss of earnings allowance 
• Lay magistrates

  .They are required to do 26 half day sittings per year

  .Magistrates use sentencing guidelines ( a booklet made by the sentencing council on the max/min of offences ) and case law to assist them to reach decisions about sentencing

  .Once appointed, a magistrate is assigned to a local justice area, which is near to their home or work, but they all have national jurisdiction (meaning they have power in any magistrates court in the UK) under the courts act 2003.

  .There is approximately the same number of male and female magistrates with 55% being female and 45% being male
• Criminal jurisdiction

  .Magistrates hear 95% of all criminal cases, they usually try summary offences like less serious assault, criminal damage. They also deal with lots of traffic cases such as no insurance etc. they also hear environmental cases such as pollution, health and safety cases and cruelty to animals. They also deal with less serious either way offences like theft, burglary and drug offences.

  .Magistrates have to decide if someone is guilty or innocent, whether a defendant should be allowed to have bail and the appropriate sentence when defendants either plead or are found guilty
• Criminal jurisdiction 


  .Magistrates have the power to impose a prison sentence up to 6 months and can fine up to £5000. However, since the S.85 Legal Aid, Sentencing and Punishment of Offences Act 2012 (LASPO ACT) magistrates can impose an unlimited fine for certain offences like pollution and harassment. They can also refer a case to the crown court if a longer prison sentence is required.

  .All criminal cases start in the Magistrates court, even if only for them to pass the case to the crown court.
• Lay magistrates training - step 1, 2 and 3

  1. Initial training - this is where the magistrate will learn the basics of the role and will observe other magistrates
  2. Mentoring - each new magistrate will have a specially trained mentor allocated and they should have 6 formal mentored settings within the first 18 months and also keep a personal development log
  3. Core training - this involves visits to a penal institution and working through a core workbook for self studying to equip them with key knowledge
• Lay magistrates training - step 4 and 5

  4. Consolidation training - this happens at the end of the first year and builds on sittings to prepare magistrates for their first appraisal

  5. First appraisal - the mentor and magistrate will agree after 12-18 months that the new magistrate now demonstrates competence in the role
• .Magistrates continue training throughout their magisterial career. This happens through : 

  • Appraisals take place every three years
  • Continuation training takes place once every three year
  • Update training on new legislation and procedures is delivered to magistrates as required
  • Threshold training accompanies each development in a magistrates role, there is a matching training process.
• Retirement and dismissal

  .Magistrates usually retire at the age of 70

  .S.11 of the Courts Act 2003 provides that the Lord chief justice can remove a lay magistrate from office : 

  • On the ground of incapacity or misbehaviour
  • On the ground of persistent failure to meet such standards of competence as are prescribed by a direction given by the Lord Chief Justice (e.g. lateness or repeatedly calling in sick)

  .If he is satisfied that the lay magistrate is declining or neglecting to take proper part in the exercise of his functions as a justice of the peace.
• Dismissal case study

   Ex parte Taylor - the magistrate fell asleep during the trial so the defendant appealed on judicial review on grounds to the high court (KBD)

  .Complaints about magistrates are made to the same body as the judiciary, that is the judicial conduct investigation office
• Social composition of magistrates

  .There has been a steady decline in the overall numbers has been put down to a number of factors : 

  • Magistrates no longer hear cashews on licensing and antisocial behaviour
  • Crime is falling generally
  • Many crimes are dealt with using out of court disposals

  .Magistrates are often referred to as middle aged, middle minded, and middle class which is a problem
• Diversity statistics

  • Gender : female = 57%, male = 43%
  • Age : under 30 = 1%, over 50 = 82% 9the average age is 57, due to the minimum time commitment magistrates have to give)
  • Ethnicity : white = 87%, BAME = 13%

  .There have been some moves to improve the diversity of the magistracy, including recruitment campaigns and increased awareness.
• Civil jurisdiction

  .Magistrates also hear some civil and family cases involving : 

  • Unpaid council tax
  • TV licence evasion
  • Child custody and adoption
  • Care orders for children

  .Only experienced magistrates who have had special training can hear family cases and cases in the youth court. This is due to only one magistrate being permitted in the youth court.
• Requirements

  .In 1998, the Lord Chancellor set out six key qualities that a magistrate should possess (need to know 2): 

  • Good character
  • Understanding and communication
  • Social awareness (are they aware of what is happening in society)
  • Maturity and sound temperament (can control emotions) 
  • Sound judgement 
  • Commitment and reliability 
• Requirements

  .Until 2013, the Lord Chancellor was responsible for appointing magistrates, but they are now appointed by the Lord Chief Justice (he heads up the judiciary)

  .Applicants must be : 

  • Aged 18-65 (some will serve until the age of 70)
  • Not have any serious criminal convictions
  • Not have been banned from driving in the past 5-10 years (if they have it shows they don't have a sound judgement)
  • Not been declared bankrupt  (if they have it shows they don't have a sound judgement)
  • Not work in a job where there is a conflict of interest e.g. Police officer or any other legal profession
• Appointment

  .There follows at least two interviews before the local advisory committee, who will be comprised of a maximum of 12 members and a mixture of current and retired magistrates as well as non-magistrates

  • Interview 1 : the panel will assess whether the candidate has the six key qualities and will assess their attitudes to various aspects of criminal justice, such as drink driving
  • Interview 2 : this will test a candidate’s judicial aptitude (natural tendency to be a judge) through the discussion of case studies which would be typical of those heard by magistrates
• Legal advisor

  Each bench of magistrates is assisted by a clerk, or a legal advisor

  .Every legal advisor has to be qualified as a solicitor or barrister for at least 5 years

  .Their role is to advise the magistrates on issues of law, policy and procedure in the magistrates court. This is set out in S.28 Courts Act 2003

  .The legal advisor is not permitted to assist the magistrates in decision making
• Legal advisor case

   R V Eccles - convictions were dismissed on appeal as the legal advisor had helped in the decision making process

  .S.29 Courts Act 2003 guarantees the independence of the legal advisor and confirms that they connot be subject to the direction of the Lord Chancellor or any other person.
• Advantages

  .Magistrates provide a better representation of society than professional judges - 57% of lay magistrates are female compared to 21% of court of appeal judges being female

  .Magistrates will normally live and work within the area in which they sit. This means they will have local knowledge of the area and social awareness which is a key quality that the Lord Chancellor named. They also have national jurisdiction under the Courts Act 2003.
• Advantages

  .The use of magistrates is cheap as they only have to be reimbursed for their expenses and subsistence. The trial itself in a magistrates court is also cheaper than in the crown court as circuit judges have a salary of around £130,000 whereas magistrates don't have a salary. 

  .There are very few appeals from the magistrates court suggesting that they are doing a good job. There are ⅓ fewer appeals from the magistrates court than the crown court
• Disadvantages

  .There are areas of society that are underrepresented e.g. most are middle class. This questions whether magistrates do really have a good local knowledge of the poorer areas in their local area. Magistrates can lack knowledge on young people as only 1% of magistrates are under the age of 30. 

  .Over the last few years, magistrates courts have been closing due to the crime rate decreasing and minor crimes being dealt with through out of court disposals. This can cause problems of access for some people and we are therefore increasingly losing the ‘local knowledge’ aspect.
• Disadvantages .

  .Although magistrates are more representative than professional judges, the magistracy is often criticised for being ‘middle aged, middle minded, and middle classed’. There are measures being put in place to combat this and make the magistracy more representative.
• Disadvantages

  .There is a low acquittal rate in the Magistrates court which does suggest that there may be some prosecution bias. This happens due to natural relationships building between the magistrates and the prosecution. This may also be due to the fact that they will see the same representatives from the police and Crown Prosecution service repeatedly.
• Disadvantages

  .Magistrates are often criticised for relying too heavily on the legal advisor. This is shown in the R V Eccles case where the convictions were dismissed on appeal as the legal advisor had helped in the decision making process

  convictions were dismissed on appeal as the legal advisor had helped in the decision making process. This shouldnt have happened as in s.29 courts Act 2003, it states the legal advisor must stay independent and not partake in the decision making of the case.
• Disadvantages

  Although training is undertaken from a national perspective, there is often seen to be inconsistency in sentencing across different areas. An example of this is that offenders are punished more harshly in the North than in the West of the UK.