Lay Magistrates 2
- Created by: Karolinaaaa
- Created on: 17-05-17 18:57
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- Lay Magistrates 2
- Role (A)
- Deal with 98% criminal cases 'the backbone of the criminal justice system'
- Criminal Jurisdiction
- Preliminary hearings - bail applications, plea before venue, early adminstrative hearings, mode of trial,
- Trial of summary/ triable either way offences - over past 25yrs number of TEW offences were made summary meaning they could only be trialed in Magistrates
- E.g drink driving
- Decide the verdict & sentence, contrast to Crown Court
- Sit in Crown Courts to hear appeals from Mag court, form a panel with qualified judges
- Criminal charges against 10-17, special training, must have at least 1 male & female, max sentence is 2yrs detention and training
- Civil Jurisdiction: Enforce debts to utility companies & council tax / tv companies. Listen to appeals against refusal of licence to sell alcohol, awards ASBO, sit in Family Panel -there's a special panel for family court for adoption orders/ protection against violence - Children's Act 1989
- Retirement/ dismissal
- Usually retire at 70
- Courts Act 2003, LCJ has power to remove under grounds of: incapacity/misbehavior, persistent incompetence, not carrying out duties, MOST removals are for criminal convictions
- About 10 removals per year
- Courts Act 2003, LCJ has power to remove under grounds of: incapacity/misbehavior, persistent incompetence, not carrying out duties, MOST removals are for criminal convictions
- Usually retire at 70
- Representatives of society (B)
- 'middle classed, middle aged & middle minded'
- Judge by Peers? The diversity of lay magistrates in England and Wales 2014
- 2013, 23,401 LM - 22% drop from 2007
- older, white & more middle class men than general population
- 55.5% over 60, 15.9% under 50
- 91.7% white compared to 85.9% of population
- 55.5% over 60, 15.9% under 50
- older, white & more middle class men than general population
- 2013, 23,401 LM - 22% drop from 2007
- The Judiciary in Mag Courts 2002 report
- Often drawn from professional & managerial backgrounds , approximately 40% retired from full-time employment
- 51% of women
- Penelope Gibbs Magistrates - representative of the people? 2014
- Increase awareness of magistracy among the under-represented groups
- Improve retention: 900 resigned in 2013, 12% were BAME, find out why people are leaving and retain younger, BAME & working class mags
- Change Application process, ensure it's accessible & inviting to underrepresented
- Increase number recruited, by delegating more crown work and ensuring extra work is done by mags (increase sentencing powers)
- Change Application process, ensure it's accessible & inviting to underrepresented
- LC encouraged disabled to apply, 2009 5% disabled
- Advantages & disadvantages (B)
- Advatages
- Cross Section of Society - 51% women compared to professional judges 12%. 8% from ethnic minority background compared to 2% in professional judiciary
- Local Knowledge, will know about certain problems in area.
- Argued they don't know about problems from poorer areaas as most from professional & managerail classes live in better areas.
- 125 Mag Courts closed in lust 10yrs - problems in terms of access & attendance , local knowlegde lost = local courts further away
- Bowman V DPP - right & duty to use their local knowledge where appropriate
- Cost - unpaid lay mags are cheap. The Judiciary in the Magistrates Courts 2000 , lay mag = 52.10 , district = 61.78
- Trials are cheaper in Mag courts than crown, may be as cases in crown more complex and longer
- Legal Advisers, since 1999- newly qualified mag clerks have to be legally qualified & since 2010 all legal advisors have to be legally qualified = higher level of skill
- Few Appeals - very few instances where error of law is made. Crown court: 5,000 apeals against conviction 40% allowed, 6,000-7,000 against sentence 50% allowed. Queens Bench Division: 100 apeals, 50% allowed
- Disadvantages
- Prosecution Bias - conviction rate higher than crown. Believe police too readily R v Bingham JJ ex parte Jowitt
- Middle aged, middle class & middle minded - posses conservative political standpoint, 40% retired & from professional or managerial bacgrounds
- Inconsistent i sentencing - The Governments White Paper, Justice for All 2001 (geographical lottery) burglary of dwellings = 20% Teesside, 41% Birmingham. Receiving stolen goods = 3.5% Reading Magistrates , 48% South London
- Reliance On The Clerk - (doesn't stop sentencing errors he cant help)
- Lack of Public Confidence - Worcestershire JJ ex p Daniels, R v Weston-Super-Mare JJ ex parte Taylor
- Advatages
- Role (A)
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