Lay Magistrates

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  • Lay Magistrates
    • Selection/Appointment (A)
      • 24,000 lay mags
        • Justices of peace (JP)
          • 98% of criminal cases
      • Chairman (Middle), wingers (either side)
        • Used to have up to 7 before 1996
        • Can sit as 1 (Single Justice Procedure), limited
      • District Judges (DJs)
        • Qualified Lawyers, can sit alone
          • S16 (3) Justices of Peace Act 1979 = same power as normal judges
      • No Legal qualifications
        • 1998 Lord Chancellor (Lord Irvine) set six qualities
          • Good character
          • Understanding & communication
          • Social Awareness
          • Maturity & sound temperament
          • Sound Judgement
          • Commitment & Reliability
        • Extra requirements : Aged 18-65, live in/near allocated justice area, sit at least 26 and a half days per year
          • Employment Rights Act 1996 - must give time off, doesn't need to be paid
      • 1,700- 2,200 appointed each year
        • Appointments by LC on Queens Behalf with recommendation from Local Advisory Committee
        • Anyone may aply
        • Advertisement
        • 1st interview = trying to find out characteristics and views on criminal justice issues e.g youth crime, drink driving
          • 2nd = test candidates potential judicial aptitude through case study discussions
    • Training (A)
      • Supervised by The Magistrates Committee of the Judicial College
      • Training in 1st yr
        • Initial training - introductory
        • Mentoring- 6 formal sitting sin first 12-18 months, review learning process & talk through training needs
        • Core training - attend events on e.g domestic abuse, visit prisons, young offenders
        • Consolidation training - end of 1st year, plans for ongoing development, prepares for 1st appraisal
        • First appraisail - after 12 to 18 mnths, mentor & magistrate agree they're ready. Observation by trained magistrates appraiser takes place if sucesfful becomes a fully competent
      • On-going training
        • Appraisal every 2 to 3yrs, continuation training every 3 yrs, update training on legislation, treshold training to improve skills prepare for a role
        • Expected to keep Personal Development Log, must achieve 4 basic competences
          • Managing yourself, working as a member of a team, making judicial decisions
            • since 2010- 7 removed fro failing to show commitment/ demonstrating competencies
              • Removed for: falling asleep during trial, sending sexually offensive texts to cleaner & disclosing history of 'dabbling cannabis'
          • CHAIRMAN - Managing Juicial decison making

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