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Lay Magistrates - Coggle Diagram
Lay Magistrates
Basics
The Magistrates Court
Lowest tier in the system of criminal courts: but they deal with most criminal cases at 1st instance (95%)
- Managed by the Ministry of Justice and staffed by member of HM Courts and Tribunal Service
- Regularly mainly by the Courts Act 2003
What they are
- Non legally qualified people who volunteer to hear cases in court in their communities on a part-time basis
- They must be able to reside over at least 26 sittings per year
- They don't need any legal qualifications
- Also known as Justices of the Peace
- There are currently 447 local Advisory Committees throughout England and Wales
- LCJ appoints magistrates on the advice of local Advisory Committees
- Local Advisory Committees are appointed by and report to the Minister for Justice. The Minister then confirms the choice of candidate and communicate this to the LCJ who appoints in the name of the Qween
Their role
- Dealing with first appearance of any defendant, including applications for bail
- Trying the least serious criminal offences
- In cases of appeal from a (different) Magistrates Court to the Crown court they sit with a judge
- Magistrates also hear and decide requests by the police for arrest and search warrants
- They generally sit in panels of 3 and are assist on matters of the law by legally-trained Justice's Clerk (clerk only provides advice and not decide on matter of law)
Under the Courts Act 2003 and the Constitutional Reform Act 2005, Lord Chancellor can remove a Magistrate with the consent of the LCJ on the following grounds:
- Incapacity/misbehavior (including misbehavior on social media)
- Persistent failure to meet standard of incompetence
- Declining or neglecting to properly exercise his or her functions as a magistrate
Following classes of people are excluded from appointment as a Magistrate:
- Police officers and members of the armed forces
- Undischarged bankrupts
- Anyone whose ordinary work is considered incompatible with the duties of a magistrate
- Anyone who due to disability cannot carry out all the duties of a magistrate
- Anyone who is a close relative of one that is already a magistrate
Appointment process
Criteria of selection
Must be below 65 years of age and live/work within a reasonable distance of the court at which they will work
General criteria:
- Good character
- Understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound judgement
Commitment and reliability
Appointment process
- Vacancies for magistrates positions are advertised once available
- Candidates are proposed to the Advisory Committees by local political parties/voluntary groups. Individuals can also directly apply
- Advisory Committee interviews and select candidates among a pool of applicants
- Candidates are recommended to the Minister of Justice who passes the names to the LCJ
- LCJ then appoints the magistrates in the name of the Crown
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District judge
- They are legally trained and must have at least 5 years of rights of audience
- Possible to become a (part time) Deputy District Judge in the Magistrates Court with a view to become a District Judge in the future
- They are part of the professional judiciary and are appointed by the Lord Chancellor on recommendation of the JAC (like the judges of the superior courts in England and Wales
Justice's Clerks
- They are legally trained and are mostly barristers/solicitors with at least 5 years of experience in Magistrate's Courts work
- They advise lay magistrates on laws + procedures when needed. But they don't have a say in decision-making
Diversity Issues
- Age: Most magistrates are middle-aged or older (only 4% are below age 40 in 2018)
- Background/class: Vast majority are from professional/middle-class occupations
- Political inclination: More magistrates tend to be Torys (boo)
- Ethnicity: Ethnic minorities are still under-represented in some parts or the country