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LLAAYY PPEEOOPPLLEE IINN TTHHEE JJUUDDIICCIIAALL SSYYSSTTEEMM:: MMAAGGIISSTTRRAATTEESS

By the end of this unit you will be able to:

Describe how magistrates are selected, appointed and trained. Explain how the social background of Magistrates Explain the role of the Magistrates and their clerk in both the criminal and civil court system

You will also be able to: Evaluate the current operation of the Magistrates system Consider the advantages and disadvantages of using magistrates to make decisions in criminal cases.

HOMEWORK Answer the following question in detail, using the plan that you have completed in class. (a) Describe the selection and training of lay magistrates. [18 marks] (b) Discuss the advantages of using lay magistrates to make decisions in criminal matters. [9 marks] June 2007

END OF UNIT TEST You will complete a more detailed factual test on lay people (NOT a DRAG test) once we have looked at Juries as well. In assessing this unit, we will use the homework detailed above. You should be aware that for 2009 there is a very strong chance that Magistrates will come up on the paper, and this is your chance to practice your writing and assessment!

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What do you need to be

a Magistrate?

Age?

Look at the article on Lucy, the Youngest

Magistrate – is it appropriate that she is

selected?

Look

Time ?

Location?

Characteristics?

Lord Chancellor 1998

Occupation/Politics

What criticisms can you think of for each area?

Age Time

Location Occupation/Politics

Characteristics

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WHAT RESTRICTIONS ARE THERE ON WHO CAN BE A MAGISTRATE?

Which of these is automatic? Which of these is just a maybe?

TASK Look at the problems below: could these people become magistrates? Why/ why not?

PROBLEM

YES/NO? MY THOUGHTS

John 27 who lives in Doncaster, wants to be a magistrate in Hull

Bob, a 21 year old student who is not very reliable

Keith, 52, who is poorly sighted and has a stutter

Gemma 30, who wants to give up 10 days a year to the role

Jason, 65, who has difficulty with his hearing

Jeff, a 28 year old soldier who has a previous driving conviction

Carrie, who is on a low income and wants to be paid

Fatima, 32, who is a housewife.

Extension: Using the textbooks, [OCR Law for AS p.138-9] and information in the library, find out when a Magistrate can retire or be removed.

- Who has the power to remove them? - Under what circumstances could they be removed? - When can’t they be removed (CND/transvestite)

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HHOOWW AARREE TTHHEE MMAAGGIISSTTRRAATTEESS AAPPPPOOIINNTTEEDD??

Nominations: Adverts: Operation Black Vote:

Application form Local Advisory Committee

Make up:

Interview One:

Interview Two:

Submit name to the Lord

Chancellor but only if...

Lord Chancellor

appoints from the

list

In selecting Magistrates:

“... it is important that justices should be

drawn from all sections of the

community and should represent all

shades of opinion.”

Lord Chancellor 1966

How do we achieve this?

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TTRRAAIINNIINNGG NEW MAGISTRATES So, you’ve passed and been appointed... now what? Well we give you some training! It used to be that you didn’t get any, but it has got a lot better recently. You will complete a three stage syllabus: 1. Introductory Initial Training =

2. Core Training =

3. Activities =

You will be assigned a mentor who will observe you around 8 – 11 times in the first two years, and they will look at different stages of the role e.g. bail, sentencing etc. You will also keep a personal development log of everything that you do over the two years and attend around 7 sessions of training. After two years, there will be an appraisement to see if you have met the standards. What happens if you haven’t?

AFTER THIS... This is run by the Magistrates Committee of the Judicial Studies Board. They compose the syllabus (well, technically the Lord Chancellor is supposed to!), but most of the training is done on a local basis.

Budget? In 2001 they had a budget of £175,000 out of a total of £5m. They should have ................ hours of training every ....................... years. There is also special training for those involved in the family or juvenile courts, as well as for the Chairman of the Bench. HUH?! Magistrates New Training Initiative 1(1998) & 2 (2004) MNTI

- Sets out the training that they will go through, and establishes that there are 4 areas of competence that should be addressed in the training.

1. Managing yourself 2. Working as a member of a team 3. Making judicial decisions 4. Managing the making of judicial decisions.

What do Magistrates think of what they do? Take a look at http://www.thelawwestofealingbroadway.blogspot.com/

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DDIISSTTRRIICCTT JJUUDDGGEESS

Ok, so normally there are three judges, but sometimes there will just be one professional magistrate. They used to be called stipendiary magistrates, but weren’t really very popular as jobs! A few years ago [Access to Justice Act 1999], the judicial system was reworked and they became known as district judges, and had a distinct career path so people could move on... They are qualified solicitors or barristers who have a seven year general qualification = They will sit for two years part-time to gain experience, and tend to be based in cities. There are about of them currently. They tend to be more efficient and according to the research, are more trusted by the professionals who use the legal system (lawyers etc.). However, they are expensive with wages of around £90,000 per annum. Unlike magistrates, they can also sit in the Crown court to deal with preliminary admin matters (this is quite limited though!)

SSOOCCIIAALL BBAACCKKGGRROOUUNNDD OOFF MMAAGGIISSTTRRAATTEESS

DO THEY REFLECT THE MAKE-UP OF

SOCIETY?

Typical magistrate: DRAW ‘EM!

Women?

Ethnic minorities?

Occupation?

Background?

Age?

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RROOLLEE OOFF MMAAGGIISSTTRRAATTEESS AANNDD TTHHEEIIRR JJUURRIISSDDIICCTTIIOONN

CRIMINAL JURISDICTION OF MC

CIVIL JURISDICTION OF MC

IS Task: What power does a single lay magistrate have when sitting alone?

Which statute gives them these powers? Further Reading: Bayliss G. The Lay Magistracy A Level Law Review (January 2006) pp. 12-15 Peckham M A Day in the Life of a Magistrate A Level Law Review (September 2007) p.28-29.

RROOLLEE OOFF TTHHEE LLEEGGAALL AADDVVIISSEERR

The Justices of the Peace Act 1971 s.28(3) gave the advisers (who used to be called ) the

powers to guide the magistrates on: “questions of law, practice and procedure”. It is important to remember that they are not decision makers! R v Eccles Justices ex.p. Farrelly (1992) So, what qualifications should they have? Prior to 1999, they didn’t have to have any legal qualifications whatsoever! Shocking huh? Well, the Access to Justice Act 1999 said that they needed to be legally qualified (degree + vocational) They can hear some issues on their own e.g. EAH, extend police bail, issues warrants for arrest etc. What criticisms can you see with the role of the legal adviser?

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EEVVAALLUUAATTIIOONN OOFF TTHHEE AARREEAA Having completed the crossword, use this and the points on the board, and decide whether they are advantages or disadvantages of the system. Remember that you will need to explain these for your AO2 marks, so put in some detail. ADVANTAGES DISADVANTAGES Reason Detail/ Why? Reason Detail/ Why?

Evaluation: Write a paragraph outlining the disadvantages of having law magistrates make decisions in criminal matters.

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GGLLOOSSSSAARRYY Define each of the terms below: 1. Summary trial 2. Lay people 3. Magistrate 4. Justice of the Peace 5. District Judge 6. Bench 7. Chairman of the Bench 8. Local Advisory Committee 9. Legal Adviser

RREEVVIISSIIOONN QQUUEESSTTIIOONNSS 1. Who appoints lay magistrates? 2. What is the role of the Local Advisory Committee? 3. What qualifications does a person need to become a magistrate? 4. At what age must a magistrate retire? 5. Describe the main functions of the Magistrates in relation to criminal matters 6. How many lay magistrates normally sit to hear a case? 7. What is the role of the legal adviser? 8. Can you name the 6 key qualities required for lay magistrates? 9. What do we call the professional magistrates? What qualifications must they have? 10. What are the maximum powers the Magistrates have? 11. Briefly explain why the magistracy is not entirely representative. 12. Give two advantages of magistrates over trial by judge and jury. 13. Name one possible reform to the magistracy. 14. What age do those applying to be magistrates need to be? 15. In what ways is the magistrates’ decision making process found to be inconsistent?

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EEXXAAMM QQUUEESSTTIIOONNSS......

Describe the

selection and

training of

lay

magistrates

[18]

Intro:

Section 1:

Section 2:

Conclusion

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Discuss the advantages of using

lay magistrates to make

decisions in criminal matters.

[9]

Introduction: Point One:

Explanation Point Two:

Point Three:

Explanation

Explanation

Conclusion?:

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Lucy, 19, becomes Britain's youngest magistrate... By JO KNOWSLEY, The Mail on Sunday Last updated at 22:00 09 September 2006 A 19-year-old law student has become Britain's youngest magistrate. But the appointment of Lucy Tate to the bench in Pontefract, West Yorkshire, has attracted criticism from other magistrates who claim her youth and lack of experience make her ill-equipped for the job. One magistrate, who did not want to be named, said: "It is an absolute folly to have somebody so young making such important decisions. What life experience does she have at 19?' Miss Tate, who is studying for a law degree at Leeds University, said in a statement yesterday: "I look forward to serving as a magistrate. I have had my first sitting, which was fascinating and am grateful for the training and support which I have received, as all new magistrates do." She added that she did not see herself as a role model but as someone 'who wants to serve the local community in a useful and positive way'. On the Friends Reunited website, Miss Tate gives an intriguing insight into her tastes and lifestyle. Her profile includes a photograph of her favourite shoes and matching handbag, which are covered in pink sequins. Her caption to the picture reads: "This is just my fave pair of shoes and bag (only pic ive got on laptop at mo)." She goes on to list hobbies, including snooker and football, and also reveals that she has a typical teenager's taste in movies with Dirty Dancing, Notting

Hill and Pretty Woman top of her list. And she reveals that she has dated the same man for three years and hopes to marry him after graduation. Miss Tate was recruited after a £4 million government advertising campaign two years ago to recruit more young people and ethnic minority candidates to the bench. Magistrates without legal qualifications deal mainly with minor criminal offences and some family cases - the minimum age was reduced from 27 to 18 in 2004. Previously, the youngest magistrate was a 20-year-old man from Sussex, appointed last year. Last night Sue Vogan, the chairman of the committee responsible for recruiting magistrates in Pontefract, said Lucy had come through a rigorous recruitment process. She said: "The committee was very impressed with her personal maturity and judgment." Lord MacKenzie, former president of the Police Superintendents' Association, said: "Clearly she is young and experience is important. But at the same time magistrates should reflect the population." Last night neighbours in the cul-de-sac where Lucy lives had mixed views. "I doubt very much if she has the experience of life to be a magistrate,' said David Godfrey, who lives across the road. But his son Matthew, 20, said: "It's a good idea to broaden the age of people dispensing justice."