4- Lay People: Lay Magistrates

Question 1

What are lay magistrates?

Answer 1

Unpaid, part-time judges with no legal qualifications and hear cases in MC

Question 2

Give some background info to lay magistrates

Answer 2

Approx. 17,500 lay magistrates sitting in MC

Also called Justices of the Peace (JPs)

Sit to hear cases as a bench of 2 or 3

Single magistrate sitting alone has limited powers

Can issue search warrants and warrants for arrest and conduct Early Administrative Hearings

Question 3

What are the qualities needed to be a Magistrate?

Answer 3

No qualifications but 6 character requirements needed:

1. Good character
2. Understanding and communication
3. Social awareness
4. Maturity and sound temperament
5. Sound judgement
6. Commitment and reliability

Judicial qualities such as making a reasoned judgement, take account of reasoning of others and work as a team

Aged between 18 and 65 (can sit until 70)

In 2016, 3% were under 40

Question 4

Apart from the 6 character requirements, judicial qualities and age requirements, what other requirements must Magistrates fit?

Answer 4

1. Live or work within local justice area to which they are allocated
2. Must commit to sitting at least 26 ahlf days a year
3. They are only paid expenses (travelling etc)
4. No serious criminal convictions, undischarged bankrupts, members of armed forces, incompatible work such as police officers.
5. No close relatives of those working in local criminal justice system

Question 5

How are lay magistrates appointed?

Answer 5

About 700 new magistrates appointed every year

Since 2013, appointments are made by Lord Chief Justice (head of judiciary) who can delegate those powers
- Current Lord Chief Justice has delegated those powers to Senior Presiding Judge

Judge relies on recommendations made by local advisory committees to decide who to appoint.

Question 6

Who are the local advisory committees who recommend Magistrates to Senior Presiding Judge?

Answer 6

Membership of committees must be published

Members tend to be current or ex-JPs

About 1/2 the members have to retire in rotation every 3 years

Committees should have a max 12 members and they should include a mixture of magistrates and non- magistrates

Question 7

How are magistrates recruited?

Answer 7

Adverts (local newspapers, buses….) used to encourage as many potential candidates as possible

People also encouraged to go to open evenings at their local Mag Court

Question 8

What is the intention when recruiting Magistrates?

Answer 8

To create a panel that represents all aspects of society and reflects a balance of occupations

Lord Chancellor (leader of ministry of justice) set down 11 broad categories of occupations, and advisory committee should not have over 15% of the bench coming from any category.

Question 9

What is the interviewing of potential candidates like?

Answer 9

Usually 2-stage interview process

1st interview:

 - Panel tries to find out + about candidate's personal attributes, if they have the 6 qualities required to do the job.
 - Also explores candidate's attitudes on various criminal justice issues such as youth crime and drink driving

2nd interview:
- Testing candidate’s potential judicial aptitude through a discussion of at least 2 case studies typical of those heard in Mc.

Question 10

What happens after the interview process?

Answer 10

Advisory committee will submit names of those they think suitable to Lord Chief Justice or a delegate , who will then appoint new magistrates from the list.

Question 11

What is a triable-either way offence?

Answer 11

Offence that can be tried either in MC or CC. If mag decide their sentencing powers are sufficient to deal with the offence, the accused may elect to have it dealt with summarily in the Mc or on indictment (trial by jury) in CC.

Question 12

What is a summary offence?

Answer 12

Minor criminal offence

Question 13

What is an indictable offence?

Answer 13

More serious criminal offence requiring trial by jury

Question 14

What % of criminal cases are heard by magistrates?

Answer 14

94%- all summary cases included
triable-either-way offences tried at MC- they deal with all preliminary work in these cases, including Early Administrative Hearings and bail applications.
first hearing of indictable offences before transferring them to CC

Question 15

What power do Magistrates have?

Answer 15

Where D pleads NOT GUILTY magistrates will hold a trial and decide whether D is guilty or not

Where D pleads GUILTY or is found guilty magistrate decides on the sentence.

 - Have power to imprison for 6 months for 1 offence and 12 moths for 2 offences
 - Can also make community orders, fine D, order a conditional or absolute discharge and disqualify D from driving.

Question 16

Name 2 special types of magistrates court

Answer 16

Youth court: Magistrates specially trained to hear criminal charges against young offenders aged 10-17

Family proceedings court: Specially trained magistrates hear cases on family issues such as maintenance or custody

Question 17

Can magistrates hear appeals?

Answer 17

Yes. Lay magistrates sit in the High Court to hear appeals from MC (panel of 2 lay justices and a qualified judge)

Question 18

How are magistrates trained?

Answer 18

Training divided in 3 parts:

1. Initial introductory Training
2. Core training
3. Activities

Question 19

What does the Initial Introductory Training cover?

Answer 19

Matters such as understanding the organisation of the bench, administration of the court and the roles and responsibilities of those involved in the MC

Question 20

What does the core training involve?

Answer 20

Provides new magistrates with opportunity to acquire and develop key skills, knowledge and understanding required

Question 21

What does the final stage of magistrate training cover?

Answer 21

The activities involve observations of court sittings and visits to establishments such as prison or a probation office.

Question 22

When does magistrate training take place?

Answer 22

Evenings and weekends- takes 12-18 months. Training sessions organised at local level within the different court areas

Question 23

Who supervises magistrates training?

Answer 23

Magisterial Committee of the Judicial College. It has drawn up a set of topics which lay magistrates should cover in their training.

Question 24

Who delivers magistrates training?

Answer 24

Much of training delivered by Justice’s Clerks (legal advisors)

However, some of the training of Youth Panel and Family Court is delivered nationally

Question 25

What happens after the magistrates have completed their training?

Answer 25

New magistrates will sit as ‘wingers’ to hear cases. This means that they will be one of a panel of 3

Chairman, who sits in the middle is a very experienced magistrate and the magistrates that sit at both sides are known as ‘wingers’

Question 26

What happens during the first 2 years as magistrates?

Answer 26

Some sessions will be mentored by an experienced magistrate and there will be 6 formal meetings in the 1st 12-18 months where progress is reviewed.

Magistrates will be expected to attend more training sessions

Question 27

What happens after 2 years of being a magistrate?

Answer 27

An appraisal will take place to check that they have acquired the competencies

Any magistrate who cannot show that they’ve achieved the competencies will be given extra training

If they still cannot achieve them, the matter will be referred to the local advisory committee, who may recommend the Lord Chancellor that the magistrate is removed from sitting

Question 28

What is the current magistrates training programe called?

Answer 28

Magistrates National Training Initiative (MNTI) introduced in 2004

Question 29

In how many competence areas is the magistrates training divided?

Answer 29

4:

1. Managing yourself
2. Working as a team
3. Making judicial decisions
4. Managing judicial decision making (this one just for chairman)

Question 30

Is there training after 2 years as magistrates?

Answer 30

Yes. Ongoing training occurs every 3 years throughout their careers

Question 31

Who is the magistrates clerk?

Answer 31

Qualified barrister or solicitor who has been qualified for 5 years

Must guide magistrate on questions of law, practice and procedure

Must not assist in the decision-making process

Can issue warrants for arrest, extended police bail, adjourn criminal proceedings and deal with Early Administrative Hearings

Question 32

What are the advantages of lay magustrates?

Answer 32

1. Work for free/ District Judges are expensive
2. Have public confidence
3. 18-24 months rigorous training + ongoing training throughout careers
4. Balanced benches 53% women
5. Have local knowledge
6. Less intimidating as they are ordinary people
7. Majority verdict needed

Question 33

What are the disadvantages of lay magistrates?

Answer 33

1. Not diverse 89% white
2. Hard to recruit younger people- doesn’t accurately represent society
3. Limited powers (6-12 moths imprisonment)
4. Not legally qualified
5. Claim expenses
6. Feel undervalued, low morale

Question 34

What are the 2 types of lay people in the English legal system?

Answer 34

Lay magistrates and the jury