Criminal Courts and Lay People Magistrates The Criminal

Criminal Courts and Lay People Magistrates The Criminal Courts and Lay People Magistrates © The Law Bank 1

Criminal Courts and Lay People Magistrates Objectives • Describe the qualification selection and appointment of a magistrate • Describe the training role and powers of magistrates © The Law Bank 2

Criminal Courts and Lay People Magistrates 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 © The Law Bank 3

Criminal Courts and Lay People Magistrates 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 © The Law Bank 4

Criminal Courts and Lay People Magistrates 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 © The Law Bank 5

Criminal Courts and Lay People Magistrates Qualification and Eligibility • No special qualifications • 1 st 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 © The Law Bank 6

Criminal Courts and Lay People Magistrates Qualification and Eligibility • 2 nd 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 © The Law Bank 7

Criminal Courts and Lay People Magistrates Qualification and Eligibility • 3 rd 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 © The Law Bank 8

Criminal Courts and Lay People Magistrates 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 © The Law Bank 9

Criminal Courts and Lay People Magistrates 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 © The Law Bank 10

Criminal Courts and Lay People Magistrates Appointment of Magistrate • Appointed by Secretary of State and Lord Chancellor • Done so on behalf of Queen • Then meet new colleagues • Begin training © The Law Bank 11

Criminal Courts and Lay People Magistrates 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 © The Law Bank 12

Criminal Courts and Lay People Magistrates 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 © The Law Bank 13

Criminal Courts and Lay People Magistrates 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 © The Law Bank 14

Criminal Courts and Lay People Magistrates 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 © The Law Bank 15

Criminal Courts and Lay People Magistrates 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 © The Law Bank 16

Criminal Courts and Lay People Magistrates 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 © The Law Bank 17

Criminal Courts and Lay People Magistrates 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 © The Law Bank 18

Criminal Courts and Lay People Magistrates 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 © The Law Bank 19

Criminal Courts and Lay People Magistrates 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 © The Law Bank 20

Criminal Courts and Lay People Magistrates 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 © The Law Bank 21

Criminal Courts and Lay People Magistrates 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 © The Law Bank 22

Criminal Courts and Lay People Magistrates 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’ © The Law Bank 23

Criminal Courts and Lay People Magistrates Objectives • Describe the qualification selection and appointment of a magistrate • Describe the training role and powers of magistrates © The Law Bank 24