Magistrates
You 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 nonmagistrates)
– 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.