Lay Magistrates Flashcards
(18 cards)
What is a lay person?
An ordinary, non-qualified person in the legal system
What are lay magistrates?
These are unpaid, part time judges who have no professional legal qualifications.
Approximately 17,000 lay magistrates in England & Wales
Hear cases as a bench of 2/3 magistrates
Also referred to as ‘justices of the peace’
Six formal requirements
Aged 18 -75 on appointment
British, Irish or commonwealth citizen
In good health
Live close to1 in the area of the court
Have satisfactory hearing
Able to sit for 26 half days a year
Six key qualities (outlined by the Lord chancellor)
Good character
Understanding and communication
Social awareness
Maturity and sound temperament
Sound judgement
Commitment and reliability
Prospective magistrates
Must agree to take on an oath of allegiance and disclose all criminal convictions and civil orders (divorce etc)
Certain people may not qualify or if their job leads to a conflict of interest (eg police officers)
Anyone with a serious criminal conviction or relatives of cannot be appointed
Selection
- appointed by current Lord chief justice - delegated to senior presiding judge who relies on recommendations made by the local advisory committee.
- Vacancies are advertised on the radio and local newspapers > application form
- First interview: with local advisory committee consists of local people (including some magistrates) - if successful
- Second interview: involves case studies and background checks are complete
Appointment
Approx 700 new lay magistrates appointed each year
Local advisory committee (lac) complies a shortlist
1. Passed to Lord chief justice (Lord Burnett of maldron)
2. Delegates to: presiding judge for England and Wales (lady justice macur)
3. Officially appoints lay magistrate on behalf of the king
Classification of offences
- Summary offences: least serious - tried in magistrates court e.g. Assault and battery
- Triable-either-way offences: middle range - tied in either the magistrates or the crown courts e.g. s47 ABH
- Indictable offences: most serious - tried in a crown court by a jury e.g. Murder
Mode of trial hearings
This hearing determines whether the magistrates have the jurisdiction to decide the outcome of the case and sentence the defendant
Composition
Traditional image - older white men
53% women, 22% high court and above = women, 32% district judges = women
How many magistrates sit on a bench and how many cases do they hear
Sit as a bench of 3 (including 1 experienced chair magistrates)
ALL criminal cases begin in magistrates - 97% of all cases are dealt here - deals with first hearings
what is a magistates role
trial, hear/see evidence, decide on guilt, pass sentence, grant/refuse bail, transfer cases to Crown court hear appears: magistrates court act 1980 governs magistrates role
what type of cases do they hear
Hear: all summary offences and some triable either way offences
who are magistrates advised by?
Assisted: a legal advisor who is legally qualified and advises on points of law, procedure and sentencing
who works in the youth courts
Specially trained magistrates work in the Youth Court (offenders aged 10-17)
how do lay magistrates assist the police
LM can be asked to issue police warrants for search/ arrest, approve further detention at police station (max 96 hours) The Police and Criminal Evidence Act 1984
what is the maximum sentence from a lay magistrate
Can give max sentence of 12 months and/or a fine, The Sentencing Act 2020
who are lay magistrates assisted by?
A magistrates clerk — has to be qualified as a barrister or solicitor for at least 5 years. The clerk’s duty is to guide the Magistrates on questions of law. The clerk does not assist in the decision making
