✔️Magistrate 8 markers✅

What’s the 1st paragraph for Describe how Lay Magistrates are selected and appointed? (Basic requirements- 4)

A lay Magistrate (also known as justice of the peace) is a lay person who is unqualified and voluntarily deals with summary and triable either way cases in the magistrates court. To become a lay magistrate, there are no formal requirements that are needed, but some basic conditions must be met; they must be 18 to 74 years old (retire at 75), live in the local area although the strict requirement to live within 15 miles of the court was abolished by the Courts Act 2003 and applicants must be available to set a minimum of 26 half days a year. It is not essential for them to be a British national but if not, then they must swear their allegiance to the King.

What’s the 2nd paragraph for Describe how Lay Magistrates are selected and appointed? (Limitations to being Mag- 5)

there are some limitations and an applicant would not be able to become a magistrate if they have any serious criminal convictions or are declared bankrupt. they also need to ensure that their work is not incompatible with being a magistrate e.g. police officers and they cannot be a member of the armed forces. an applicant cannot apply to the same court bench as a close family member. The current procedures for selection an appointment or set out in the Justice of the Peace Act 1979.

What’s the 3rd paragraph for Describe how Lay Magistrates are selected and appointed? (Stages candidates must go through: advertised, consider if there eligible themselves)

The selection process consists of a number of stages A candidate must go through before they are appointed. Once vacancies become available, adverts will be placed in shop windows, on buses, in newspapers and broadcast on radio stations so that people are aware of the vacancy. The local advisory committee (LAC) will also advertise it via the gov.uk website to try and encourage a wide range of suitable candidates, so the Mags represent all aspects of society. it is then up to the potential candidates to check if they meet the eligibility criteria. They must consider whether they have the formal requirements, in addition to the six key qualities set out by Lord Chancellor (Good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement, commitment and reliability) and aren’t disqualified for any reason.

What’s the 4th paragraph for Describe how Lay Magistrates are selected and appointed? (Application form, LAC)

An application form will need to be completed which are available from the Ministry of Justice website and must be completed with 3 referees and returned online. The relevant local advisory committee will review and shortlist potential prospective magistrates. these LACs are made up of no more than 12 members and should be a combination of magistrates and non-magistrate who will retire in rotation every 3 years.

After this stage, appointment can take 6 to 12 months

What’s the 5th paragraph for Describe how Lay Magistrates are selected and appointed? (2 interviews)

2 interviews are then held. The first assesses the candidates general character and focuses on the 6 key qualities. They will also be asked questions about criminal justice e.g. youth crime etc to find out about the attitude to these issues. The second interview is to assess if they have judicial skills and practical abilities as a magistrates. The candidate will be required to review at least two case studies and take part in discussion around the case in question, e.g. sentencing of the offender. The case studies will be typical of the types of cases they will be dealing with, if they are appointed. At this point background checks are also done to check for conflicts of interest.

What’s the 6th paragraph for Describe how Lay Magistrates are selected and appointed? (Lord chief justice decides who’s appointed)

Once interviews are over, under the crime court act 2013 the LAC makes recommendations to the Lord Chief Justice (currently Dame sue Carr) on who should be appointed. around 1500 newly magistrates are appointed every year. Successful candidates are informed of their appointment within 10 days of the final interview. Broadly equal numbers of men and women and a spread of occupation, ethnic origin and age are required.

What’s the 1st paragraph for the role of magistrates? (bail applications, remand hearing, legal aid applications)

The role of the magistrate is varies. Before a trial, lay magistrate may deal with bail applications. Under the bail act 1976 there is a presumption that bail should be granted unless there’s a justification to refuse it such as poor bail record, no fixed adress or the seriousness of the charge. If bail is refused then a remand hearing will be held to decide whether the suspect should be kept in prison until their trial date. The magistrate will hear evidence from the police, prosecution, and defence. furthermore, under the access to justice act 2003, anyone charged with a criminal offence can apply to the magistrates to be represented by the criminal defence service so magistrate will hear legal aid applications. This is based on the merit test and will consider factors such as if D is likely to receive a custodial sentence.

What’s the 2nd paragraph for the role of magistrates? (criminal trials, early administrative hearing)

A magistrates main role is to deal with criminal trials and sit as a bench of 3 assisted by legal clerk in the magistrates court. All criminal cases start in the magistrates court despite what category offence they are. There will be an early administrative hearing to hear from the prosecution and defence as to what evidence, witnesses and special requirements are needed for trial.

What’s the 3rd paragraph for the role of magistrates? (summary offences, Mags role)

all summary offences are tried the magistrates court. This account for 97% of criminal cases and 1 million cases per year which means magistrates have a very large workload. Lay magistrates will deal with every aspect of the case, listening to the prosecution and defence cases, deciding on matters of fact and returning a unanimous verdict of guilty/not guilty. They will pass sentence if guilty (in around 80% of cases).

What’s the 4th paragraph for the role of magistrates? (TEW offences, plea before venue, mags decide if accept jurisdiction, indictable offences)

Lay magistrates also deal with triable either way offences which can be tried either the magistrates or the crown court depending on the severity. A plea before venue hearing will initially take place for the defendants enter a plea. If they plead not guilty then the magistrates will conduct a mode of trial hearing to decide where the case should be held. Lay magistrate will accept jurisdiction if they have sufficient sentencing powers as they can only give up to 6 months imprisonment and a £5000 fine. If it’s okay, D will be given the choice to elect what court they want the case to be heard in and this is where it will be tried.Rejection of jurisdiction by the magistrate however will mean that the case is transferred to the crown court.

For indictable offences lay magistrate will conduct transfer proceedings and commit these cases to the crown court to be tried.

What’s the 5th paragraph for the role of magistrates? (sentencing hearings, agg/mitigating factors considered)

magistrates also deal with sentencing hearings for those who they have convicted or defendant have pleaded guilty. After hearing statements regarding aggravating factors from the prosecution and a plea for mitigation from the defence the magistrate will pass sentence. If they have insufficient sentencing powers the case can be transferred to the Crown Court for sentencing.

What’s the 6th paragraph for the role of magistrates? (Crown court appeals)

Alternatively, lay magistrates can sit with a district judge in the crown court to hear appeals against conviction or sentence from the mags court

What’s the 7th paragraph for the role of magistrates? (specialist work- youth/ family)

Lay Mags also deal with specialist work. This involves the youth court which deals with the offences committed by minors but special training is needed. They can also sit in the family proceedings court to deal with family cases including domestic violence, adoption and custody issues if they have further training.

What’s the 8th paragraph for the role of magistrates? (civil work)

Additionally, magistrates can deal with civil work. This includes cases such as late payment of a TV license or non-payments of council tax, issuing betting licenses and hearing appeals for licenses from the local authority.

What’s the 9th paragraph for the role of magistrates? (administrative work)

finally they can carry out administrative work which includes issuing search and arrest warrant to the police for use under the police and criminal evidence act 1984