Unit 5 - Lay magistrates

What are lay magistrates ?

Ordinary citizens, unpaid volunteers who are appointed to hear cases in courts in their community.

What does the word “magistrate” refer to in the UK ?

Only refers to ay magistrates as compared with judges or Supreme Court judges.

What was the original name of lay magistrates ?

Justices of the peace

Since when have lay magistrates been involved in the justice system ?

Since the 14th century

How many lay magistrates are in England and Wales ?

Around 14 600

Where do lay magistrates sit?

-Magistrates’ court

-Family Court

-The Youth Courts

% of criminal cases dealt with by lay magistrates

98 %

What is “the magistracy” ?

A term to refer to lay magistrates collectively

Past recruitment of lay magistrates + consequence

Applicants tended to have their names put forward by existing magistrates, local political parties, trade unions, charities or other local organizations.

→ The magistracy was overwhelmingly white, middle-aged and middle-class

Movement regarding recruitment of lay magistrates nowadays + aim

-Encouraging applicants to apply directly

-Encouraging candidates with disabilities

→ make the system more open and promote diversity

Statistics regarding the composition of the magistracy in comparison to court judges in 2022

-Magistrates :

• 57% were women

• 14% from an ethnic minority

-Court judges :

• 35% were women

• 10% from an ethnic minority

Statistics regarding the composition of the magistracy as of April 2025

-14% from ethnic minorites (9% in 2015)

-81% aged 50 and above

-1% under 30

% of the general population from ethnic minorities

18%

Requirements to be a lay magistrate

-No legal qualification needed

-Personal qualities:

• Good character

• Understanding and communication

• Social awareness

• Maturity and siund temperament

• Sound judgement

• Commitment

• Reliability

-Be able to assimilate factual information and make a reasoned decision on it.

-Aged 18-74 on appointment

-Be of good standing in the local community

-Neutrality: cannot be law enforcement officials or members of the armed forces

-Understanding of the local area (must live or work within or near the local justice area)

-Must sit at least 26 half-days each year and be willing to attend regular training

How are lay magistrates selected ?

-Local Advisory Committees recruit and recommend candidates for the two-stage interview process:

• First interview: A panel tries to find out more about the candidate’s personal attributes: do they have the six key qualities required?

• Second interview: Tests of the candidate’s judicial aptitude

-Names of suitable candidates are submitted to the Senior Presiding Judge for England and Wales who appoints new magistrates

What are Local Advisory Committees composed of ?

They are made up of serving magistrates and other local people

What are Local Advisory Committees responsible for ?

Responsible for creating a bench which reflects the community it serves in terms of gender, ethnic origin, geographical spread and occupation

What does “the bench” refer to?

1) A judge or magistrate sitting in court in a judicial capacity

or

2) judges or magistrates collectively

Training of lay magistrates

-They undergo a training program including court observations, visits to places like prisons or probation offices, and training on equal treatment.

(BUT magistrates remain lay people and are not intended to gain the knowledge of lawyers !)

-Appraised after their training and every 3 years

What does “being appraised” mean ?

Being evaluated for competence

Who can remove lay magistrates + what for ?

The Lord Chancellor, with the agreement of the Lord/Lady Chief Justice if they :

• Fail to meet the standards after appraisal

• Do not sit the required number of days

• Demonstrate “incapacity or misbehaviour”

Who sits on magistrates’ courts ?

Lay magistrates and district judges (legally qualified professional judges)

What are indictable only offences + which court(s)

-The most serious criminal offences, such as rape, murder and robbery.

-Tried and sentenced by the Crown Court + short first hearing in magistrates’ court to deal with legal aid, bail and remand before the case is sent up.

What does “to remand” mean ?

To place a defendant in custody

What are summary offences + which court(s)

-Less serious or less complex offences, such as common assault, drink driving or driving while disqualified

-Tried and sentenced by the magistrates’ courts.

What are either way offences/offences triable either way + which court(s)

-Offences of variable seriousness, such as theft

-Can be heard in magistrates’ court or in the Crown Court

Who decides to which court a case should be sent to ?

District judges or magistrates will decide which court will hear the case (Crown Court or magistrate’s court).

When will a case be sent to the Crown Court ?

When magistrates do not have enough sentencing powers or if a defendant prefers a trial in Crown Court

Convictions in jury trials

Not Guilty verdicts in jury trials are more common than when magistrates hear the case

How many magistrates usually sit together?

They sit in a panel of 3

Layout of the panel seating

Usually 3 magistrates :

-The chair, who sits in the middle

-The wingers, sitting on either side

Differences and similarities of the chair and the wingers

-The chair is more experienced and has additional training
-But all of the magistrates have equal decision-making responsibilities

Who assists the magistrates + what’s his role ?

They’re assisted by a legal advisor/Justices’ Clerk: a qualified solicitor or barrister who gives advice on points of law, and issues of procedure, but plays no part in the magistrates’ decision-making.

What are deliberations ?

A discussion among the magistrates to decide on the defendant's guilt, or an appropriate sentence

Sentences in magistrates’ courts

Sentences are usually lower than in jury trials

-Fine (most common): no upper limit, should reflect the seriousness of the offence and the offender’s ability to pay

-Up to 12 months in prison for a single offence

-Community order or probation

-Financial compensation to the victims

Examples of community order

-Unpaid work

-Curfew enforced by electronic tagging

-Compulsory treatment for drugs/alcohol

-Prohibition from doing a certain activity or going to a certain place

-Attending a program linked to the offence

What happens if the defendant pleads not guilty ?

There will be a trial :

• Magistrates will decide on legal issues, hear evidence, decide on the verdict and hand down the sentence.

• If after a trial magistrates think that a harsher punishment is required, they may commit the case to the Crown Court for sentencing.

What civil matters are dealt with in magistrates’ court ?

-Enforcement of debts owed to utilities (gas, electricity, water)

-Non-payment of council tax

-Television licenses

What is the youth court panel ?

Magistrates who have undertaken additional training in order to sit in the youth court, and deal with cases involving minors aged from 10-17

Lay magistrates’ and family matters

Two or three lay magistrates deal with straightforward family law cases in family court

Lay magistrates’ and appeal

In Crown Court appeals, lay magistrates form a panel with a professional judge to hear appeals of convictions from magistrates’ court.