magistrates criminal courts and lay people © the law bank the criminal courts and lay people...
TRANSCRIPT
MagistratesCriminal Courts and Lay People
© The Law Bank 1
The Criminal Courts and Lay People
Magistrates
MagistratesCriminal Courts and Lay People
© The Law Bank 2
Objectives• Describe the qualification selection and
appointment of a magistrate
• Describe the training role and powers of magistrates
MagistratesCriminal Courts and Lay People
© The Law Bank 3
A Little Bit of History
• Also known as Justices of the Peace• Originated in 1195 – Richard I required some
knights to keep peace • Responsible to king for ensuring law upheld• Preserved the ‘Kings Peace’• Known as ‘Keepers of the Peace’• 1361 – ‘Justice of Peace’ first used• Role developed since then
MagistratesCriminal Courts and Lay People
© The Law Bank 4
What is a Magistrate?
• Unqualified• Part time • Unpaid (apart from expenses)• Annual training budget = £500 per head• Equal numbers of men and women• Reflect society as a whole• Race and gender balance that reflects the local
area
MagistratesCriminal Courts and Lay People
© The Law Bank 5
What is a Magistrate?
• Have to sit 26 half days a year• Constant appointments• 2005/2006 – 1132 men and 1080 women appointed• Includes growth and turn-over• Sit as bench of three • Have role in all criminal cases• 1 million cases heard each year• In 2006/7 – 850,000 convictions• Some full time paid magistrates called District Judges
MagistratesCriminal Courts and Lay People
© The Law Bank 6
Qualification and Eligibility
• No special qualifications• 1st requirement is to have correct qualities
– Good character– Understanding and communication– Social awareness– Mature and sound temperament– Being of sound judgement– Have commitment and reliability
MagistratesCriminal Courts and Lay People
© The Law Bank 7
Qualification and Eligibility
• 2nd requirement Willingness to take Oath of Allegiance– British nationality not required– But if seeking asylum cannot be appointed– Some professions ineligible (as compromise
impartiality) – police and armed forces– Discretion in this but must test conflict of interest– Extend to applicants family too– Freemason disclosure
MagistratesCriminal Courts and Lay People
© The Law Bank 8
Qualification and Eligibility
• 3rd requirement – criminal convictions and civil claims– Extension of quality of good character– Must disclose any convictions – however minor– Also civil orders – divorce and maintenance
settlements– Rehabilitation Act 1974 does not apply– Applies to families of applicant too– No formal age requirement but between 18 – 70– 5 years service normally required before retirement
MagistratesCriminal Courts and Lay People
© The Law Bank 9
Selection of a new magistrate
• Number of stages• Advertisement in area where required• Public awareness days in some courts• Can apply in home or work locality• Standard form available from Ministry of Justice• Downloaded or printed from website• Completed – straightforward and done hard
copy or online
MagistratesCriminal Courts and Lay People
© The Law Bank 10
Selection of a new magistrate
• Submitted and checked for general eligibility• If eligible applicant invited to first interview• Sent by Advisory Committee• (This consists of local people and magistrates)• If successful – second interview• Background checks made for conflicts of interest• Advisory Committee consider suitability• View of Committee sent to Lord Chancellor who
makes appointments
MagistratesCriminal Courts and Lay People
© The Law Bank 11
Appointment of Magistrate
• Appointed by Secretary of State and Lord Chancellor
• Done so on behalf of Queen• Then meet new colleagues • Begin training
MagistratesCriminal Courts and Lay People
© The Law Bank 12
Training of Magistrates
• Judicial Studies Board has overall responsibility• Operates through regional Courts Board areas• Each area responsible for delivering training• Delivered by Justices’ Clerk• Local Magistrates’ Area Training Committee sets
training priorities – agrees annual training plan• Magistrates’ Association consulted on training• Works with Judicial Studies Board to develop
materials
MagistratesCriminal Courts and Lay People
© The Law Bank 13
Training of Magistrates
• Each year Court Service and JSB produce minimum training document
• Sets out minimum training provision and additional training
• Not all training for all magistrates• Compulsory training for new magistrates
designed to prepare them for sitting in court• Usually delivered locally by Justices’ Clerk
MagistratesCriminal Courts and Lay People
© The Law Bank 14
Training of Magistrates
• Includes:– Basic introduction to role and responsibilities– Preliminary reading and three days of training– Three court observations– Visit to a prison – Visit to young offenders’ institution– Visit to probation service facility
• After completion can start to sit in court
MagistratesCriminal Courts and Lay People
© The Law Bank 15
Training of Magistrates
• New magistrate then develops in role• After a year receives consolidation training• Normally for two days equivalent• Includes training on law procedures and skills• Best way to learn is from experience in court• All new magistrates given a mentor - especially
trained magistrates• In first year have 6 sessions with mentor
MagistratesCriminal Courts and Lay People
© The Law Bank 16
Training of Magistrates
• After 2 years opportunities to specialise• Youth court or Family Proceedings Court• Can undertake training to become chairman of
bench• Also new legislation training or sentencing policy• Materials include:
– Adult Bench Book, Family Bench Book, Youth Bench Book & a New Magistrates Workbook
MagistratesCriminal Courts and Lay People
© The Law Bank 17
Role and powers
• Each bench should broadly reflect community it serves– Gender, ethnic origin, geographical spread,
occupation and political affiliation
• Allows magistrates to deal effectively with local issues
• Must sit for at least 26 half days each year• Bench of three• Chair and two wingmen
MagistratesCriminal Courts and Lay People
© The Law Bank 18
Role and powers
• Wingmen less experienced than chairman• Always have advice of qualified legal adviser• This is the Justices’ Clerk or Assistant Clerk• Responsible for effective case management &
avoidance of delay• Legal advisor explains relevant points of law and
legal procedures• Gives advice on possible sentencing options
MagistratesCriminal Courts and Lay People
© The Law Bank 19
Role and powers
• Magistrates alone make decisions• Magistrates also decide on sentence (but must
be within powers)• Advisor makes sure they are aware of latest
guidelines and policies on sentencing• Chairman of bench announces decision to court
MagistratesCriminal Courts and Lay People
© The Law Bank 20
Role and powers
• Advisor carries out many administrative roles:– Preparing for court sessions– Making sure all relevant papers and exhibits are
ready– Reading charges to the court– Dealing with the paperwork for legal aid and bail– Managing court schedules– Training magistrates
MagistratesCriminal Courts and Lay People
© The Law Bank 21
Role and powers
• Magistrates:– Hear less serious crimes– Commit serious cases to higher courts– Cannot impose sentences of imprisonment of more than
6 months (12 months for consecutive sentences)– Cannot impose fines exceeding £5,000– Can also sit in Crown Court with a judge to hear appeals
from Magistrates’ Courts against conviction or sentence– Also can sit in Crown to hear proceedings on committal
to Crown Court for sentencing
MagistratesCriminal Courts and Lay People
© The Law Bank 22
Removal
• Must retire at 70• Complaints dealt with under Judicial Discipline
(Prescribed Procedures) Regulations 2006• Complaints may come from a wide range of
sources• Investigated on behalf of the Lord Chancellor
and Lord Chief Justice• Investigated by Advisory Committee and support
staff
MagistratesCriminal Courts and Lay People
© The Law Bank 23
Removal
• Failure to meet standards or to attend required sittings can result in removal
• In 2006 there were 28 complaints with 15 removals
• Consider Alan Mitchell who complained about ‘bloody foreigners’
MagistratesCriminal Courts and Lay People
© The Law Bank 24
Objectives• Describe the qualification selection and
appointment of a magistrate
• Describe the training role and powers of magistrates