Lay Magistrates

Introduction

• There are around 29,000 lay magistrates sitting as part-time judges in the Magistrates Court.

• They are also known as ‘justices of the peace.’

• Magistrates have been used in the justice system for over 1000 years.

• Magistrates work in a bench of three that consist of two wingers and a chairman.

What qualifications do lay magistrates need ?

• Magistrates do not have any legal qualifications, however there are some key requirements for each prospective magistrate must meet.

Six Key Qualities

• Good character

• Understanding and communication

• Social awareness

• Maturity and sound temperament

• Sound judgement

• Commitment and reliability

How are lay magistrates selected an appointed ?

• About 1500 lay magistrates are appointed each year.

• Their appointments are made by the Lord Chief Justice.

• Candidates must first apply to the local advisory committee (LAC).

• Is made up of 12 members who are a mixture of magistrates and non-magistrates.

• To try to encourage a wide variety of candidates committee advertising local press and newspapers aimed at particular ethnic groups.

• The intention is to create a balanced panel to represent the society as a whole.

• Once the candidates have applied, they must phase 2 panels. During the first interview, the panel are trying to find out if the candidate has the six key qualities.

• Successful candidates progress to the second interview, which is a practical test to assess the candidates Judicial aptitude as they are presented with at least two case studies.

• Their advisory committed will then recommend candidates to the Lord Chief Justice.

• magistrates are expected to sit for a minimum of 13 full days or 26 half days a year.

• The traditional view is that magistrates are middle-class, middle-aged and middle-minded’.

• However, this is starting to change as the adverts aimed at ethnic minorities appear to work.

What are lay magistrates role in criminal cases?

• magistrates have a wide variety of duties in the criminal courts.

• They hear 97% of all criminal cases and deal with the preliminary matters for every criminal cases.

Criminal Courts

• Magistrates are responsible for deciding bail for each defendant.

• They also here summary and some Tribble either way trials during which they are responsible for the sentence and verdict for the defendant.

• Magistrates also hear mode of trial hearings for triable either way offences or committals for indictable offences.

• In the criminal, the magistrates can also issue search and arrest warrants. They are also responsible for extending detention periods for suspects being held at the police station.

Youth Court

• Magistrates can take part in additional training to sit on the youth car panel for offenders between the ages of 10 and 17 years old.

• The panel must include one man and one woman and each member must be under the age of 65.

• Magistrates can also undertake special training to hear family cases under the children act 1989, including adoption orders.

Appeals

• Lay magistrates can also sit in the crown court to hear appeals from the magistrates court alongside a qualified judge.

The Legal Adviser

• East bench of Les magistrates is assisted in carrying out their role by a clerk who is often called the legal advisor.

• The legal advisor must have been a solicitor or barrister for at least five years to qualify.

• Their job is to advise the magistrates and procedure answer any questions about the law.

• The legal advisor is not supposed to assist in the decision and would normally retire whilst the magistrates come to their decision.