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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Comments

DanDisraeli

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This is so useful thank you! :D

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