MagistratesYou should have read and précised

chapter 17 of the English Legal System by Jacqueline Martin.

Who are lay people?

• People without legal training, e.g.– Magistrates– Jurors– Lay members of tribunals

• Why do lay people have such an important role in the English Legal System?

Magistrates

• Appropximately 29,000 sitting as part time judges.

• Sit to hear cases as a bench of 3 magistrates.

• District Judges (Magistrates’ Courts) are qualified lawyers who hear cases on their own.

Qualifications• Age…

– 18-65 on appointment.

• Residence… – expected to live or work within local justice

area to which they are allocated.

• Six key qualities…

Six Key Qualities…• Good character

• Understanding and communication

• Social awareness

• Maturity and sound temperament

• Sound judgment

• Commitment and reliability

Restrictions on Appointment as a Magistrate

• Known criminals need not apply – True/False?

• People who owe money – True/False?

• People declared bankrupt – True/False?

• Police Officers/Traffic Wardens –True/False?

• Deaf people – True/False?

• Teachers – True/False?

Appointment

• Advertisements… local radio, newspapers, magazines, on buses etc.

• Local Advisory Committees: – Members usually current/ex-magistrates

– 12 members (mix of magistrates and non-magistrates)

– Half members retire in rotation every 3 years

Appointment• Selection process:

– First interview… 6 key qualities/attitudes on criminal justice issues

– Second interview… test judicial aptitude with discussion of case studies

• Local Advisory Committees recommend suitable candidates to Lord Chancellor

• Lord Chancellor appoints new Magistrates

Training

• Framework of training covers 4 areas of competence:– Managing yourself– Working as a team member– Making judicial decisions– Managing judicial decision-making

• Produce a flow-chart of the stages of training.

Justice’s Clerk

• Every bench of Magistrates is assisted by a clerk.

• What are the clerk’s duties?

• Can the clerk assist the magistrates in their decision-making?

Role and Duties• They sit for a minimum of 26 half days

each year.

• Magistrates deal mainly with criminal trials and issues around criminal cases.

• However, Magistrates do have a civil jurisdiction as well.

• Produce a list of Magistrates criminal and civil duties

Retirement and Removal

• Retirement age… 70– Placed on the Supplemental List – Can carry out some administrative functions

• Removal… s11 of the Courts Act 2003: Lord Chancellor can remove for –– Incapacity or misbehaviour– Persistent failure to meet standards of

competence– Declining or neglecting to take a proper part in

the exercise of his functions

Advantages and Disadvantages

Working in pairs establish a list of the advantages and disadvantages of

having Magistrates.

Create a group mindmap for advantages and a mindmap for disadvantages.