1.6 Criminal Process - Laypeople - Magistrates

Question 1

Describe what training a lay magistrate might have.

Answer 1

Training:
* Judicial College
* Magistrates Commission Committee
Focus on equality, skills, mentoring and appraisals
* Visits to prison / Probation Service

Question 2

What is the role of a lay magistrate?

Answer 2

Role:
* Magistrates are lay people who sit on 97% of all criminal cases in the Magistrates’ Court.

• Decide a verdict of guilty or not guilty in summary offences and also to pass sentence.

Question 3

What are the sentencing powers of a magistrate?

Answer 3

The sentencing powers of a magistrate are up to 6 months in custody or a £5,000 fine
(although the fine can be unlimited for certain offences).
They can also sentence a wide range of community-based orders.

Question 4

Name some of the many functions lay-magistrates have in the criminal justice system?

Answer 4

• Magistrates have many functions in the criminal justice system:
• Bail applications
• Summary offences
• sit in the Crown Court to hear appeals from the Magistrates’ Court.
• Some lay magistrates are specially trained to deal with offences in the Youth Court for juveniles aged 10-17.
• Assisted by a legally qualified clerk who is not permitted to be involved in the decision making of a case and can only merely advise the magistrates on points of law.

Question 5

What are the 6 key qualities required of a lay magistrate?

Answer 5

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

Question 6

What is the eligability criteria for a lay magistrate?

Answer 6

Eligibility:
* No specific qualifications
* Must be the right character – 6 key qualities
* Age: 18-65 *retire at 70 (some disqualifications, e.g. serious criminal conviction or undischarged bankrupt)
* Commitment of 13 days per year

Question 7

What is the application process for lay magistrates?

Answer 7

• Names can be put forward by anyone and adverts are used
• Candidates interviewed and names put forward to Lord Chief Justice
• Local Advisory Committee selects and appoint

Question 8

Advantages

Answer 8

• Lay participation (tradition and democratic).
• Speed: cases are dealt with quickly.
• Good gender balance.
• Local knowledge of problems.
• Cost – to replace with DJs = £100 million.
• Some training is given so not complete amateurs.
• Few appeals suggest they perform well in practice.
• Assistance from a legally qualified clerk.

Question 9

Disadvantages

Answer 9

Social background! Not a true cross-section of society. Predominantly ‘middle class, middle aged and middle minded’.

• Inconsistency in sentencing – a geographical lottery!
• Over reliance on the clerk – ex.p. Farrelly.
• Prosecution bias: ex. p. Jowitt.
• Case hardened and unsympathetic.
• Out of touch with the majority of defendants

Question 10

Can you give any statistical information about lay magistrates?

Answer 10

Current statistics:
Women: 54%
BAME: 11%
Under 40: 4%
Over 40: 86%

Why middle class?
* employers
* economics
* time to commiy