Magistrates

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  • Magistrates (JP's)
    • General info
      • 3 magistrates- 2 wingers and a chair (the chair can speak aloud in court)
      • deal with 96% of cases to completion
      • A district judge may sit instead of JP's.
      • 30,000 lay magistrates
      • Unpaid with no qualifications
      • Maximum sentence 6 months
    • Training
      • Supervised by the judicial studies board-create syllabus
      • Actually carried out by the legal advisor
      • Initial training. Basic introduction to roles. Go to a prison, Y.O.I, probation and see court.
        • Mentoring. 6 sessions where days events are discussed
          • Core stages. Develop key skills and knowledge
            • Consolidation training-builds on training to help magistrates (2 days)
              • First Appraisal- Identify further training and development
      • Lord Chancellor can remove a magistrate under criminal justice Act 2003. He does this if:
        • lack of commitment
        • poor behavoir
        • poor judgement
    • Roles
      • Hold preliminary cases for all trials
      • Chair announces verdict
      • Grant search and arrest warrents
      • Grant extensions of custody
      • In Crown Court for appeals
      • Grant Bail
    • Qualifications
      • Age 18-65 (65 for applying, but at 70 you must stop)
      • Must have good hearing, speak English and not have have mental health issues
      • Must be near work or hometown location
      • 6 personal qualities:
        • Sound Temperament-calm
        • Social awareness-understand others predicaments
        • Sound Judgement-Fairness
        • Understanding and Communication-understand law/slang
        • Commitment and reliability-turn up when supposed to
        • Good character-calm, confident, sensitive
      • Must take the Oath of Allegiance
      • Exclusions-these groups of people are unable to become a magistrate
        • Police Officers
        • Asylum Seekers
        • MP's
        • Bankrupt
        • People with criminal convictions
        • Members of the forces
      • Must sit for 26 half days
    • Selection and Appointment
      • Stage 1 Vacancies- found from the local paper etc
        • Stage 2 Application form-Includes questions on age, 6 characteristics, health and location
          • Stage 3 First Interview-by the advisor committee
            • Stage 4 Second Interview-Discuss magistrates and background checks are done. Recommendation passed onto Lord Chancellor and appointed by seceratary of state.

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