Please enable JavaScript.
Coggle requires JavaScript to display documents.
Lay Magistrates - Coggle Diagram
Lay Magistrates
-
Selection, Appointment and Removal:
1200 new lay magistrates are appointed each year. The recommendations are made by the local advisory committee.
Local advisory committee:
membership must be published
current or ex-justices of peace
Should retire in rotation every three years
Maximum of 12 members
Anyone can apply
Advertisements used to create a diverse section of applicants.
-
Two stage interview process:
1) Look at the 6 key qualities
2) Testing candidates attitude on various criminal justice issues. Also tests candidates potential judicial aptitude- done by discussion of two case studies.
Advisory committees submit the names of those who they think are acceptable
Removal:
Justice may resign at any time.
May be removed by the Lord Chancellor and Lord Chief Justice on the ground of: incapacity, misbehaviour, failure to meet the standards, neglecting proper practise.
General:
Around 18,000 lay justices, do not need legal qualifications, unpaid, part-time judges.
Exceptions: outside 18 to 65, restricted occupation, circumstances, criminal record
Training
Over seen by the Judicial College
1st year:
Initial training
Core training
Consolidation training
First appraisal
Ongoing:
Appraisals
Training
Updated Training
Threshold training
The role of the magistrates:
Early administrative hearings, remand hearings and bail applications.
Not guilty- magistrates hear the case.
Guilty- can decide on the sentence.
Deal with the first hearing of indictable offences.
Also act as a youth court and hear appeals
Jurisdiction:
6 months for one offence and 12 months for two offences.
Can also give, community orders, fines, conditional or absolute discharge, disqualifying a driver
Where is it heard?:
where the offence was committed or the person charged with the offence lives or the witnesses. Or where other similar cases are being dealt.
Composition of the bench:
Seen to be, middle-class, middle-aged and middle minded.
53% women
22%- high court women
11% from ethnic backgrounds
4% have a disability
Magistrates Clerk:
Legal advisor
Has to be a qualified barrister or solicitor for at least 5 years
Guide magistrates on area of law
Not meant to help in the decision making
Deal with administrative issues