1. Lay magistrates

2. What is a magistrate? What are magistrates?
An ordinary citizen who sits in the magistrates court (=lower level criminal court) (family court , youth court).
Trained
Unpaid
Volunteers
Decide cases (decide on guilt)
Hand down sentences
Decide bail
Used to be called? Justices of the Peace (JPs)

3. Remember … a magistrate is not a judge!!!

4. Local justice
The magistracy has been criticised for its lack of diversity.
As a result the government:
introduced a new system allowing individuals to apply directly
actively encourages applications from under-represented groups
The essential idea behind magistrates is that they hand down local justice; justice is done in the local community and by the local community.
2. What criticism was made of magistrates in the past? How has this been addressed?
In the past, the magistracy has been criticised on the grounds that it did not sufficiently represent the community: too white, too middle-aged and too middle class.
The magistracy has been criticised for its lack of diversity.
As a result, the recruitment system has changed. In the past there was system of nominations – new magistrates were nominated / had their names put forward by existing magistrates or local organisations.
As a result the government:
introduced a new system allowing individuals to apply directly
actively encourages applications from under-represented groups
This has been a big culture change for the magistracy, and it has increased diversity.

5. Becoming a magistrate
No legal experience or qualifications are required.
However, prospective magistrates must:
3. What are the requirements for becoming a magistrate?
No legal experience or qualifications are required.
However, prospective magistrates must:
Demonstrate six key personal qualities
Show judicial aptitude (able to assimilate complex facts and make reasoned decisions)
Be 18 to 65 years old on appointment
Be of good standing (respected) in the local community
NOT work in law-enforcement or the armed services
Live or work in the local area
Commit to sitting 26 half-days a year, and attending training

6. Becoming a magistrate
Candidates are recruited by Local Advisory Committees, made up of local people and existing magistrates
Training is followed by a formal appraisal.
Magistrates must retire at 70 and can be removed on certain grounds.
4. How are magistrates recruited?
Candidates are recruited by Local Advisory Committees, made up of local people and existing magistrates > look at if they have the necessary skills and aptitude, and also if they will help the bench to better reflect the local community
5. What training is given to magistrates? > training on basic legal skills and knowledge and visit courts, prisons and probation offices to better understand the criminal justice system, BUT the training isn’t intended to give them extensive legal knowledge. Training is followed by a formal appraisal. (> evaluation)
6. Are magistrates appointed for life? No they must retire at 70, and they may be removed if they
Fail an appraisal
Don’t fulfil their obligations
or on the grounds of “incapacity or misbehaviour” > for example if they are convicted of a criminal offence

7. The magistrate’s role Deal with 98% of criminal cases.
Summary offences
less serious offences
tried and sentenced in mags cts
Either-way offences
offences of variable seriousness
may be heard in mags ct or the Crown Court
Indictable only offences
the most serious criminal offences, tried and sentenced in the Crown Court
7. What types of offences are heard in the magistrates courts?
Summary offences
less serious offences
tried and sentenced in the mags cts
Either-way offences
offences of variable seriousness
may be heard in mags ct or Crown Court
How is it decided?
Mode of trial hearing mags decide if their sentencing powers usfficient > if not send to CC
If mags are willing to keep the case, the defednat then gets a choice – to stay in the mags ct or elect a CC trial
< can be a tricky decision, in mags ct sentences are lower, and mags have to justify their decision, so can be easier to find grounds for appeal, but in the CC its trial by jury, higher chance of a NG verdict
Indictable only offences
the most serious criminal offences, tried in the Crown Court
But will be ahearing in the MC which deals with bail and remand (remand > in prison before trial)

8. In court A panel of three magistrates
A legal adviser: a legally-qualified professional who gives advice but does not participate in deliberations.
When magistrates hear a case, they will sit as a pânel of 3, a chair and two wingers.
There is also a legal adviser, what is his or her role?
8. What is the role of a legal adviser?
A qualified solicitor or barrister
> give advice on law and procedure in open court
But does not participate in deliberations (discussions on guilt/innocence or sentence)
If there is a trial the magistrates do everything – decide any legal issues, hear the evidence, decide guilt and decide the sentence.

9. Sentencing powers
6 months imprisonment / £5,000 fine for a single offence
12 months imprisonment in total
Community orders
can include unpaid work, a curfew, compulsory drug/alcohol treatment, an electronic tag or other specific interventions
Probation
Compensation orders (up to £5,000)
9. What types of sentences can magistrates hand down?
6 months imprisonment / £5,000 fine for a single offence
12 months imprisonment in total
Community orders
can include unpaid work, a curfew, compulsory drug/alcohol treatment, an electronic tag or other specific interventions
Probation
Compensation orders (up to £5,000)
If, after a trial, the mags decide that theor sentencing powers are insufficient, they can still commit the case to the CC for sentencing

10. Magistrates also sit in…
the Youth Court (10-17)
the Family Court
Crown Court appeals from the magistrates court
10. Apart from the magistrates court, which courts do magistrates sit in?
the Youth Court criminal cases involving children from (10-17)
the Family Court
Crown Court appeals from the magistrates court > 2 mags with a judge

11. The six key personal qualities required for magistrates are:
- good character;
- understanding and communication;
- social awareness;
- maturity and sound temperament;
- sound judgment;
- commitment and reliability.
Do you have the personal qualities that a magistrate needs?