Lay Magistrates (Justices of the Peace)
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- Created by: goliver3
- Created on: 04-01-17 11:04
Lay Magistrate Qualifications
- Good character
- Understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound judgment
- Commitment and reliability
- Aged between 18-65 on appointment
- Live within the local justice area of which they are allocated
- Commit at least 26 half days a year
- Have no serious criminal convictions
- Do not be an undischarged bankrupt, member of the forces, or have a job such as police officer or traffic warden
- Do not have any hearing impairments
- Do not be related to the other magistrates in your bench
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Appointment of Lay Magistrates
- Appointed by Lord Chancellor, on behalf of the Queen, who relies on the local advisory committees (LACs)
- LACs should have no more than 12 members and are encouraged to be diverse
- First is a two-stage interview process
- In the first stage the interviewers will look for the 6 key qualities required
- The second stage the candidates' potential judicial aptitude
- The LAC then submit names of those they think are suitable to the Lord Chancellor
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Magistrates' Duties
- Magistrates try 97% of all criminal cases
- The remaining 3% of trials have their preliminary hearings in the Magistrates' Court
- These involve Early Administrative Hearings, remand hearings, bail applications, and transfer proceedings
- Magistrates also deal with the civil matters of debts owed to utilities, the non-payment of council tax and the non-payment of television licences
- They also hear appeals against the refusal of the local authority to grant licences for the sale of alcohol, betting, and gambling
- Specially nominated and trained justices from the Youth Court panel hear cases of 10-17 year olds
- Lay magistrates also sit at the Crown Court to hear appeals from the Magistrates' Court in a panel with a qualified district judge
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Training of Lay Magistrates 1
- Training is supervised by the Magistrates' Committee of Judicial Studies Board (MCJSB)
- The MCJSB has drawn up a syllabus of the topics lay magistrates should cover in their training
- Training is carried out in local areas
- In 1998 the Magistrates' New Training Initiative was introduced in order to assess what the Magistrates had learned, this was later refined by the Magistrates' National Training Initiative in 2004
- There are four areas of competence
- Managing yourself
- Working as a member of a team
- Making judicial decisions
- Managing judicial decision-making (this is only relevant to the chairman of the bench)
- The Bench Training and Development Committees (BTDCs) deliver training
- The Courts Act 2003 sets out an obligation for the Lord Chancellor to provide training and training materials
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Training of Lay Magistrates 2
- The syllabus for new magistrates is divided into three parts
- Initial introductory training - covers matters such as understanding the organisation of the bench, roles, and responsbilities
- Core training - provides the opportunity to acquire and develop key skills, knowledge, and understanding of a competent magistrate
- Activites - observations of court sittings and visits to establishments such as a prison or probation office
- Training sessions are carried out at a local level within the 42 court areas
- The majority of training is delivered by Justices' Clerks
- After training the magistrate will sit as a 'winger' to hear cases in a panel of three with the chairman (an extremely experienced magistrate)
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Appraisal of Lay Magistrates
- During the first two years of a magistrate sitting in court between 8-11 of the sessions are mentored
- In the same period magistrates are expected to attend around seven training sessions
- After two years an appraisal will take place to check if they have acquired the competencies
- Any magistrates who cannot show this will be given extra training, if they still fail the LAC may recommend the Lord Chancellor to remove the magistrate
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