Lay Magistrates
Magistrates are crucial members of the justice system. They deal with an array of cases, ranging from criminal trials to civil disputes. There are roughly 21,000 magistrates sitting as part-time judges in the Magistrates' Courts across England. They are also known as Justices of the Peace. They operate in the Magistrates' Court, which deal with 95% cases within the justice system. There is a great website put together about the work of the Magistrates, so visit the site for a different place for information. https://magistrates-association.org.uk There are some key areas of Magistrates that we will look at;
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Qualification of Lay Magistrates
Lay magistrates do not have to have any legal qualifications. They must show some specific personality traits that make them good people to judge others and pass sentence on their crimes. These six key qualities, outlined by the Lord Chancellor, are:
Lay magistrates do not have to have any legal qualifications. They must show some specific personality traits that make them good people to judge others and pass sentence on their crimes. These six key qualities, outlined by the Lord Chancellor, are:
- good character;
- understanding and communication;
- social awareness;
- maturity and sound temperament;
- sound judgement;
- commitment and reliability.
- They must be able to understand factual evidence and be able to make a reasoned decision on cases they witness. These qualities are acquired by most, but means that you need to have references that say you are of good character and show these skills. Prospective magistrates must be able take account of the reasoning in trials and of others and work as a team.
A lay magistrate needs to be aged between 18-65 on appointment. There are limited magistrates under the age of 27, based on the life experience that magistrates are supposed to have. The statistics in 2004 showed 3% of magistrates were under 40.
Up until 2003 it was necessary that lay magistratures lived within 15 miles of the commission area for the court in which they were sitting. This means if they were volunteers at Brighton Magistrates' Court for example, they would have to live within 15 miles of that area; Hove, Lewes, Burgess Hill, or Haywards Heath for example, are close enough but any further and they couldn't operate there. Instead of commission areas, there are now local justice areas and magistrates are expected to live near the court they are volunteering in.
The other requirement is that they are prepared to commit themselves for 26 half days each year. This amount is what often deters people from becoming magistrates. It would also explain why many people who are retired have the opportunity to become magistrates, creating an ageing population within our magistrates.
Some people are not eligible to be appoint as magistrates. People will serious criminal convictions are excluded for example. People who have minor criminal offences such as speeding are fine to participate however. Others who are disqualified include those who are undischarged bankrupts, members of the races and those whose work is incompatible with sitting as a magistrate (like a police officer or traffic warden). People related to police officers or prosecution are unlikely to be appointed as it would not seem 'just' if family members of the prosecuting side of the law was there passing judgement on cases. Also, people whose hearing is impaired, or who lack the capacity for whatever medical condition will not be appointed if these conditions interfere with carrying out the roles and responsibilities of the magistrate.
Usually, three magistrates sit on the bench and hear the cases in the Magistrates Court. However, sometimes there can be one judge sat hearing cases. This is called the District Judge. They must have seven years general qualification and are usually chosen from practicing barristers or solicitors, or from others with relevant experiences, such as court clerks. These are used in London and places where the courts are busy. Before they become a District Judge, they will usually be an acting judge sitting part time for two years to gain experience of sitting judicially, and to establish their suitability for full-time appointment.
Appointment
Roughly 1,200 new magistrates are appointed every year. Since 2013, the Lord Chief Justice makes these appointments, but can delegate to these powers (to give someone else the responsibility of appointing). The Senior Presiding Judge has these powers delegated to him by the current Lord Chief Justice. The judge uses recommendations made by local advisory committees.
Local advisory committees are made up of current or ex-Justices of the Peace. Roughly about half the members have to retire in rotation every three years, and the committees should have a maximum of 12 members. These should include a mixture of magistrates and non-magistrates. Anybody can apply to become a magistrate, and the whole process can be explained online: www.gov.uk. The aim is for membership to reflect a balance of occupations in society. The Lord Chancellor set down 11 types of broad occupations categories, and there should never be more than 15 per cent of one of these categories sitting.
Interview panels
There is usually a two-stage interview process. These are checking the candidate's personal attributes, character and personality and seeing if they are suitable for the role. They will also explore their views on punishment and attitudes to criminal justice issues. The second interview runs with two case studies which are similar to what is dealt with in the magistrates court. These are to check that the candidate has potential judicial aptitude to sit on the bench. The advisory committees then submit names of the people who they think would be suitable to the Lord Chief Justice, who then appoints these magistrates. Once appointed, a magistrate can sit until they reach 70.
Roughly 1,200 new magistrates are appointed every year. Since 2013, the Lord Chief Justice makes these appointments, but can delegate to these powers (to give someone else the responsibility of appointing). The Senior Presiding Judge has these powers delegated to him by the current Lord Chief Justice. The judge uses recommendations made by local advisory committees.
Local advisory committees are made up of current or ex-Justices of the Peace. Roughly about half the members have to retire in rotation every three years, and the committees should have a maximum of 12 members. These should include a mixture of magistrates and non-magistrates. Anybody can apply to become a magistrate, and the whole process can be explained online: www.gov.uk. The aim is for membership to reflect a balance of occupations in society. The Lord Chancellor set down 11 types of broad occupations categories, and there should never be more than 15 per cent of one of these categories sitting.
Interview panels
There is usually a two-stage interview process. These are checking the candidate's personal attributes, character and personality and seeing if they are suitable for the role. They will also explore their views on punishment and attitudes to criminal justice issues. The second interview runs with two case studies which are similar to what is dealt with in the magistrates court. These are to check that the candidate has potential judicial aptitude to sit on the bench. The advisory committees then submit names of the people who they think would be suitable to the Lord Chief Justice, who then appoints these magistrates. Once appointed, a magistrate can sit until they reach 70.
Jurisdiction of Magistrates
Magistrates have a varied workload and it all takes part in their 26 half days they must serve. Their workload is mostly criminal cases, although they do deal with some civil matters. Family cases are often heard with magistrates. They try 97% of all criminal cases. They also deal with preliminary hearings for the cases that go to trial in the Crown Court. Magistrates deal with certain areas of civil law - including enforcing of debts owed to the utilities, non-payment of the council tax and non-payment of television licences. They also hear appeals against the refusal of the local authority to grant licences for the sale of alcohol and betting and gaming establishment licences. |
Youth Court
Magistrates that are specially nominated and trained justices can sit in the Youth Court and hear trials against young offenders aged 10-17 years old. The panel must include one man and one woman, and there is a special panel for the family court to hear cases involving orders for protection against violence, affiliation cases and adoption orders, etc. This family court is part of the new Family Court which was established by the Crime and Courts Act 2013. Appeals Lay magistrates also sit in the Crown Court to hear appeals against the Magistrates' Court. They form a panel with a qualified judge and create a panel of 3, so they can make a decision. |
Training of Lay Magistrates
The training of the magistrate is complex but detailed so they can perform the best in cases. Their training is supervised by the Magisterial Committee of the Judicial College. There is a syllabus of topics that a magistrate should cover in their training. Because there is such a large amount of magistrates in the country, the training is carried out in local areas.
The framework of training looks at four areas of competence
Magistrates receive quite a lot of training to make sure they can perform their role to the best of their ability.
The training of the magistrate is complex but detailed so they can perform the best in cases. Their training is supervised by the Magisterial Committee of the Judicial College. There is a syllabus of topics that a magistrate should cover in their training. Because there is such a large amount of magistrates in the country, the training is carried out in local areas.
The framework of training looks at four areas of competence
- managing yourself - this looks at organizing themselves in relation for preparing for court, conduct in court and ongoing learning.
- working as a member of a team - the teamwork effort of decision making involved.
- making judicial decisions - structured decision making and impartial verdicts (independent).
- managing judicial decision-making - the chairman's role training and focuses on working with the legal adviser, managing the court and ensuring effective, impartial decision making.
Magistrates receive quite a lot of training to make sure they can perform their role to the best of their ability.
- initial introductory training - this deals with understanding the organization of the bench and the administration of the court. It also explains the role of each individual in the court.
- core training - this gives the chance for the new magistrate to develop key skills required to be a magistrate, such as knowledge and understanding required to be a competent magistrate.
- activities - there are observations of court sittings and visits to prisons or probation offices to see how the work will engage in the legal system.