Magistrates

Lay justices

Lay justices are regulated by the Courts Act 2003.Lay justices are not paid for carrying out their duties, but Section 15 CA 2003 provides that they may claim allowances for travelling, subsistence and financial loss.

Courts Act 2003

Lay justices are regulated by this act

Section 15 courts act 2003

the Lay justices are not paid for carrying out their duties, but this act provides that they may claim allowances for travelling, subsistence and financial loss.

Magistrates qualifications/ disqualifications

In 1988 the Lord Chancellor issued a job description for magistrates which lists the characteristics expected of magistrates. Lay magistrates do not have to have any legal qualifications, but must have the correct personal qualities.

Informal requirements

• Be of good character – including having personal integrity, keeping confidences and the respect and trust of others.

• Have good understanding and communication skills – will have to understand documents, follow evidence etc. Needs to communicate effectively in and out of court.

• Have social awareness, acceptance of the rule of law, respect for diverse groups of people, an understanding of their local community.

• Sound judgement - be able to think logically, weigh arguments and reach a balanced decision; and be objective, and have the ability to recognise and set aside their prejudices.

• Have maturity and sound temperament - be able to relate to, and work with, others; have a sense of fairness and be considerate and courteous; and be open-minded and willing to consider the views and advice of others.

• Have commitment and reliability - To help ensure the speedy and efficient conduct of court business, sittings in the magistrates’ court will almost always be planned on a full day basis.

• To meet this need, magistrates must: Be willing and able to undertake the minimum sitting requirement of 13 days, or (where that is not possible) 26 half-days per year*, and Mandatory training; and be able to undertake their duties on a regular basis.

Formal requirements

• Age - They must be between 18 and 74.

• Area/Residence - lay magistrates are expected to live or work in or near the local justice area that they are allocated

• Commitment - Lay magistrates have to be prepared to commit themselves to sitting at least 26 half days each year

• Oath of Allegiance - They must also indicate a willingness to swear the Oath of Allegiance which eventually all successful candidates will have to do at the end of their training.

Restrictions on appointment

• Certain professionals (such as police officers, store detectives and traffic wardens) directly connected with the work of courts cannot be magistrates.

• Others who may be ineligible such as members of the armed forces.

• Relatives of those working in the criminal justice system are not likely to be appointed.

• People who are hearing impaired or by reason of infirmity cannot carry out all of the duties cannot be appointed.

• Close relatives won’t be appointed to the same bench.

• Applicants with serious criminal convictions are less likely to succeed, because there must be public confidence in the integrity of magistrates. If an applicant has a series of minor offences even this might be enough to be rejected.

• No-one who has been declared bankrupt can be a magistrate.

Selection and appointment of magistrates

• Appointments are made by the Lord Chief Justice

• Local Advisory Committees (LAC) Each one of these is made up of a max of 12 members. The members tend are current or ex-justices of the Peace, one member of each of the main political parties, as well as other citizens who are actively involved in the community. Typically two thirds of members of an advisory committee are magistrates themselves.

• Application is made to the LAC (Local Advisory Committee). Application can be made via the Government website.

• The LAC will review all applications and aim to select a good cross-section of society. (To increase diversity)

• Candidates must undertake two interviews.

• First Interview will look at the candidate's general character, personal attributes and whether they possess the six key qualities.

• Second interview assesses the candidate's judicial aptitude and qualities by looking at case studies.

• LAC recommends suitable candidates to the Lord Chief Justice who designates the role to the Senior Presiding Judge under the Crime and Courts Act 2003, they will then be appointed. Candidates will be sworn in as a magistrate at a local court.

Crime and courts act 2003

LAC recommends suitable candidates to the Lord Chief Justice who designates the role to the Senior Presiding Judge, they will then be appointed. Candidates will be sworn in as a magistrate at a local court.

Role of magistrates in a criminal case

• Magistrates deal with approximately 95% of all criminal matters including all summary matters from start to finish

• Some triable either-way matters (deal with the plea before venue and the mode of trial).

• The first hearing of indictable cases. - They undertake Early Administrative Hearings, which may include: remand hearings, bail applications, committal proceedings.

• They also deal with preliminary matters, such as bail, legal representation, custody extension periods.

• They issue both search and arrest warrants

• Specially nominated and trained magistrates work in the Youth Court and hear criminal cases involving young offenders between 10-17 years old.

• Magistrates sit in the Crown Court with a professional judge to hear appeals from the Magistrates’ Court.