Lay Magistrates

Question 1

Qualification for lay magistrates

Answer 1

-18-65, retire 70
-live or work within or near to local justice area where allocated
-26 half days or 13 full days a year, training sessions

Question 2

Requirements for character - who set out and what are they?

Answer 2

-Lord Chancellor 1998
1. Good character
2. Understanding and communication
3. Social awareness
4. Maturity and sound temperament
5. Sound judgement
6. Commitment and reliability

-need to absorb factual info and make reasoned decision, take account of reasoning of others, work as a team

Question 3

Who is not eligible to be appointed as a magistrate?

Answer 3

-serious criminal convictions (minor motoring wont disqualify)
-discharged bankrupts
-members of forces
-police officers
-traffic wardens
-relatives of those working in local CJS
-hearing impaired or disability prevents from carrying out all the duties
-close relatives to others mag’s on same bench

Question 4

Selection of lay magistrates
-how many a year?
-who made by?
-rely on?

Answer 4

-1200 new a year
-made by senior presiding judge
-relies on recommendations made by local advisory committees

Question 5

What are local advisory committees?

Answer 5

-max of 12
-mix of mags and non mags
-encourage range of candidates
-adverts in paper, noticeboards, radio ads, social media
-try and create panel to be representative of society

Question 6

Selection process (2 step interview)

Answer 6

-Fill application form, 2 referees
1st interview: panel finds out more about attributes, look if they have the 6 key qualities. Attitudes on criminal justice issues like youth crime or drink driving
2nd interview: testing candidates judicial aptitude. Discuss two case studies typical of those in mag court. Eg on sentence that should be imposed

Question 7

Appointment of lay magistrates

Answer 7

-LAC interview then submit names of those who are suitable to senior presiding judge who appoints new ones from list

Question 8

Role of lay magistrates

Answer 8

-sit as panel of 3 in magistrates (criminal) court
-try 97% of all criminal cases
-trial role and can grant search and arrest warrants to police and consider requests for extension in custody up to 96hrs

Question 9

Types of offences they deal with

Answer 9

-Summary
-Triable either way
-indictable
-youth court
-appeals

Question 10

Summary

Answer 10

-Case start to finish
-evidence from P and D and any legal arguments
-decide if guilty or not
-then sentence, powers are limited to max of 6 mths or one offence, for level 5 can impose unlimited fine. (In 2020 allowed to give 12 mths for one offence)

Question 11

TEW

Answer 11

-Deal with plea before venue hearings
-if believe they have jurisdiction then can hear themselves

Question 12

Indictable

Answer 12

-Hold early administrative hearings before transferring to CC

Question 13

Youth court

Answer 13

-Specially nominated and trained from youth court panel to hear charges against those 10-17
-usually have 1 man one woman
-informal and private

Question 14

Appeals

Answer 14

-Can sit in CC to hear appeals from mag court against conv or sentence
-2 lay magistrates and a qualified judge

Question 15

What is a mag clerk

Answer 15

-every bench
-if they are a senior qualified barrister or solicitor for 5 years
-guides M on law
-no role in decision
-administrative matters
-s28 justices of peace act 1979

Question 16

General facts

Answer 16

-17,500 approx lay mag’s sitting in mag court
-Not legally qualified, unpaid, only paid expenses
-53% women, 22% in HC are women
-11% ethnic backgrounds
-4% disabled