Lay Magistrates Booklet 2024 PDF

OCR H418/01 – The Legal System D. Osborne 2024 LAY MAGISTRATES 1 Lay Magistrates There is a long-established tradition of using lay people (people who are not qualified in law) in the decision-making process in the English Legal System. This...

OCR H418/01 – The Legal System D. Osborne 2024 LAY MAGISTRATES 1 Lay Magistrates There is a long-established tradition of using lay people (people who are not qualified in law) in the decision-making process in the English Legal System. This applies particularly in criminal cases to the Magistrates’ Courts where lay magistrates are used, and the Crown Court where there is a jury to try cases. There are thousands of lay magistrates sitting as unpaid, part-time judges in the Magistrates’ Courts. They sit to hear cases as a bench of 2 or 3 magistrates. A single lay magistrate sitting on their own has very limited powers. They can, however, issue search warrants and warrants for arrest and conduct Early Administrative Hearings. Lay Magistrates do not receive a salary. However, they do receive travel, food and financial loss allowances. Qualifications Lay Magistrates do not have to have any qualifications in law. However, there are some key requirements in terms of their character and some general qualifications in terms of age and where you live / place of work. Prospective magistrates must have 6 key qualities, plus, have a certain level of commitment. They must also take the oath of allegiance if appointed. The Six Key Qualities In 1998 the Lord Chancellor set out 6 key qualities which each successful candidate must have. They are: 1. Good character 2. Understanding and communication 3. Social awareness 4. Maturity & sound temperament 5. Sound judgement 6. Commitment & reliability. 2  They must also have certain ‘judicial’ qualities – it is particularly important that they are able to assimilate factual information and make a reasoned decision based upon it. They must also be able to take account of the reasoning of others and work as a team. Task: Look again at the 6 key qualities, now in pairs try to rank them in order of importance. Be prepared to justify your decisions. The General Requirements (Age and Area) When selecting new magistrates there are also formal requirements as to age and where you work or live: Age Lay magistrates must be aged between 18 and 65 on appointment and usually have to retire at the age of 70. Not many young people are appointed though. The age for appointment was lowered to 18 in 2003, in the hope of creating a more diverse bench. However, in 2016 only 3% of them were actually under the age of 40. Area England and Wales is divided up into ‘local justice areas’ and lay magistrates are expected to live or work within, or near to, the local justice area to which they are allocated. The local justice areas are used to determine which Magistrates’ Courts may hear a particular case. Cases are heard in the area where: The offence is alleged to have been committed; or The person charged with the offence lives; or The witnesses, or the majority of the witnesses, live; or Other cases raising similar issues are being dealt with. 3 Commitment Lay Magistrates must be prepared to commit themselves to sitting at least 26 half days each year. This deters many people from becoming lay magistrates, along with the fact that magistrates are only paid expenses. They must also attend a number of training sessions. Restrictions on appointment Some people are not eligible to be appointed as lay magistrates. These include: 1) People with serious criminal convictions, a conviction for a minor motoring offence will not automatically disqualify a candidate. 2) Those who are undischarged bankrupts. 3) Members of the armed forces. 4) Police officers and traffic wardens. 5) Relatives of people working in the local criminal justice system as it would not appear ‘just’, e.g. if the wife of a local police officer were allowed to decide cases. 6) People whose hearing is impaired. 7) Anyone who due to a disability / infirmity cannot carry out all the duties of a magistrate. 8) Plus, close relatives to other magistrates on the same bench. Selection & Appointment About 1200 new lay magistrates are appointed each year. The appointments are made by the Senior Presiding Judge. In order to decide who to appoint, the Senior Presiding Judge relies on recommendations made by the Local Advisory Committees. 4 The Local Advisory Committees The committee should have a maximum of 12 members, and these should include a mixture of magistrates and non-magistrates. The Committees try to encourage as wide a range of potential candidates as possible to put themselves forward for the role. As a result, advertisements may be placed in local newspapers, or on community noticeboards, radio adverts or social media may also be used. People are also encouraged to go to open evenings at their local Magistrates’ Court. The intention is to create a panel that is representative of all aspects of society. A balance of occupations is also aimed for. The Lord chancellor has set down 11 broad categories of jobs / occupations, and advisory committees should avoid having more than 15% of the bench coming from any one category if possible. The Selection Process Those interested in the role will apply to the Local Advisory Committee (LAC). This is done by replying to an advert or attending an open evening at the court. The candidates will need to fill in an application form and give two referees. The forms are then looked at by the committee and potential candidates are invited to a two-stage interview. At the first interview the panel tries to find out more about the candidate’s personal attributes, in particular they are looking to see if he or she has the 6 key qualities required. The interview panel will also explore the candidate’s attitudes on various criminal justice issues such as youth crime or drink driving. The second interview is aimed at testing the candidates’ potential judicial aptitude, and this is done by a discussion of at least two case studies which are typical of those heard regularly in the Magistrate’s Court. The discussion might, for example, focus on what sentence might be appropriate based on case facts. Appointment of lay magistrates The Local Advisory Committee will then submit the names of those they think are suitable to the Senior Presiding Judge, who will then appoint new magistrates from this list. Once appointed magistrates may continue until the age of 70. 5 The Role of Lay Magistrates Magistrates have a very wide workload. They deal with mainly criminal cases but also do some civil work as well. Lay magistrates will normally sit as a panel of three, but a District Judge (Magistrates’ Court) will sit alone for trials. Magistrates try 97% of all criminal cases. In addition to their trial role, they can grant search and arrest warrants to the police and consider, in serious cases, requests for an extension to police custody up to a maximum of 96 hours. Their criminal work includes: 1. Summary offences (see Criminal Courts Booklet for more details) Magistrates deal with the case from start to finish. They will hear evidence from the prosecution and defence and any legal arguments and decide if the defendant is guilty or not guilty. If the defendant is found guilty, they will decide on a sentence. Their sentencing powers are limited to a maximum of six months’ imprisonment for one offence. For a serious level 5 offence, they can now impose an unlimited fine. 2. Triable either-way offences Magistrates will initially conduct a plea before venue hearing and then decide whether the case is to be tried at the Magistrates’ Court, or the Crown Court, depending on the outcome of the mode of trial procedure. See ‘Criminal Courts Booklet’ for more details on triable either-way offences and the magistrates’ role with this type of offence. 3. Indictable offences Magistrates will hold an Early Administrative Hearing (called the ‘First Hearing’) before transferring the case to the Crown Court for trial. See ‘Criminal Courts Booklet’ for more details on indictable offences and the magistrates’ role with this type of offence. 4. The Youth Court Specially nominated and trained magistrates form a Youth Court Panel to hear most criminal charges against young offenders aged 10 –17 years old inclusive. The panel must usually include at least one man and one woman. Hearings are informal and private given the age of the defendant. 6  5. Appeal hearings Lay Magistrates can also sit in the Crown Court to hear appeals from the Magistrates’ Court against conviction and / or sentence. In such cases two lay magistrates (who were not at the original trial) form a panel with a qualified judge. They hear all the evidence in the case and decide whether the defendant is guilty or not guilty. If the defendant is found guilty, they will play a role in the sentencing of the defendant. The magistrates’ clerk Every bench is assisted by a clerk, also known as a legal advisor. The clerk’s duty is to guide the magistrates on questions of law, practice and procedure, this is set out in the Justices of the Peace Act 1979. Clerks cannot assist in the decision making and should not normally retire with the magistrates when they go to make their decision. Clerks also deal with routine administrative matters. They can issue warrants for arrest, extend police bail, adjourn criminal proceedings and deal with Early Administrative Hearings. 7 Key questions based on magistrates 1. Where do lay magistrates have to live or work? 2. How many days do Magistrates’ have to commit themselves to each year? 3. Name 4 categories of people who can’t be appointed as a magistrate. 4. Summarise the role of the magistrates in relation to triable either-way offences. 5. How many stages are there in the interview process for new magistrates and what happens at each stage? 8 Key Terms: Give details of the following terms or roles. Lay People Justices of the Peace The Six Key Qualities Local Advisory Committees The Senior Presiding Judge Triable Either-Way Offences The Youth Court The Magistrates’ Clerk 9 Past exam questions 1. Describe the qualification and selection process for becoming a lay magistrate (8) 2. Describe the role of a lay magistrate in criminal cases (8) 3. Evaluate the use of lay magistrates in the criminal justice system (12) 4. Evaluate the use of lay people within the criminal justice system (12) 10