Lay Magistrates

This week's blog is about the roles of lay magistrates, the qualifications needed and the selection and appointment of lay magistrates!!

There are about 17,500 lay magistrates sitting as unpaid, part time judges, AKA Justices of the Peace. They usually sit as a bench of three to decide cases. They are volunteers who are only paid expenses.

The magistrates' clerk (legal adviser) guides the magistrates on questions of law and procedure. The clerk should not assist in the decision-making process.

Qualifications

Magistrates require no special qualifications.

But there are no requirements to do with...

• Personal qualities
• Area
• Commitment
• Restrictions on appointment

Personal qualities

• Good character 
• To have understanding and communication
• Social awareness
• To be mature and of sound temperament 
• To be of sound judgement 
• To have commitment and reliability 
• Age - must be between 18 and 65 (statistics from 2016 show that only 4% of Magistrates are under 40)

Area

Must live close to the local justice are where they are a magistrate.

Commitment

Must sit at least 26 half days each year

Restrictions on appointment

There are a range of restrictions, some include:

• people with serious criminal conviction
• undischarged bankrupts
• member of the forces
• relative of someone who is incompatible
• hearing is impaired or infirmity 

Selection and appointment of Lay Magistrates

1. Positions are advertised for new magistrates
2. Candidates fill in a detailed application form outlining their personal qualities
3. Called for first interview
4. Called for second interview
5. Advisory Committee sends its recommendations to the Lord Chief Justice
6. Magistrates are officially appointed by the Lord Chief Justice on behalf of the Queen

Role of Lay Magistrates

Magistrates hear 95% of all criminal cases, they usually try summary offences but also have the power to try either way offences as well. They also deal with lots of traffic cases such as no insurance, failing to stop at an accident. They also hear environmental cases such as pollution, health and safety cases and cruelty to animals. 

Magistrates have to decide if someone is guilty or not guilty, whether a defendant should be allowed to have bail and the appropriate sentence when defendants either plead guilty or are found guilty.

Magistrates have the power to impose a prison sentence of up to 6 months and can impose an unlimited fine in certain cases. They can refer the case to the Crown Court of a longer prison sentence is required.

All criminal cases start in the Magistrates' Court, even if only for them to pass the case to the Crown Court. 

Trained magistrates also sit in the youth court (10-17) and hear most charges against young offenders.

Experienced lay magistrates also sit in the Crown Court to hear appeals from the Magistrates' Court.

I hope you enjoyed this run through of the roles of magistrates and how they are appointed!! Do you think the process if fair and thorough enough?

Lawology