Magistrates – Qualification, Selection, Appointment, Training

Magistrates - Introduction Approximately 29,000 lay magistrates in England and Wales Roughly equal numbers of men and women Should reflect society as a whole – expected to have a gender and race balance that reflects the make up of the country and particularly the local area Part-time – sit at least 26 half days a year About 1600 new magistrates appointed each year Sit on a bench of 3 – 1 chairman and 2 wingmen As lay magistrates are not legally trained, they always have access to a qualified legal advisor Only expenses and a small loss of earnings allowance are given Also some full-time, paid, legally qualified magistrates called District Judges but we only need to learn about lay magistrates

Qualifications Don’t need any special qualifications Aged between 18 and 65 (have to retire at 70 and expected to serve at least 5 years) Courts Act 2003 – they are expected to live or work within or near the local justice area to which they are allocated Must be willing to take Oath of Allegiance Must be able to sit for at least 26 ½ a year Make a formal application either in response to an advert or by making an enquiry through the Government website Disqualified groups: police officers, traffic wardens, probation officers, and members of their immediate families; members of armed forces, people with certain criminal convictions, and undischarged bankrupts In recent years, a number of younger magistrates have been appointed including a 21 year old DJ in Horsham and a 19 year old law student in Pontefract, though majority are much older.

Qualifications - Qualities Good character – personal integrity, keeping confidences, respect and trust of others Understanding and communication – need to understand documents, identify facts, follow evidence, concentrate for long periods Social awareness – an appreciation and acceptance of the rule of law, respect for people from different ethnic, cultural or social backgrounds, understanding of local community Maturity and sound temperament –awareness and understanding of people, sense of fairness, humanity, courteousness Sound judgement - think logically, weigh arguments, come to sound decisions, open mind, objective, recognising and controlling prejudices Commitment and reliability – committed to serving the community, making time commitments, willing to undergo training, in sufficiently good health, have support of family and employer

Selection Need to show the key personal qualities in application and interview Applicants complete a standard application form Local Advisory Committee arranges interviews for shortlisted candidates after references have been checked. There are 2 interviews: 1st – examines candidate’s character 2nd – comprises sentencing and trial exercises – assesses candidate’s judgement

Appointment Justices and Peace Act 1997, as amended by Courts Act 2003 – Lay Magistrates are appointed by the Lord Chancellor on the advice of county local advisory committees After interviews – potential appointees reviewed by the local advisory committee to ensure that a balanced bench can be achieved (age, gender, ethnic background, occupation) Background checks are carried out Committee submits recommendations to Lord Chancellor who usually accepts them and makes the appointment Final stage – “swearing in” of new magistrates by a senior circuit judge On appointment, all magistrates receive initial training before sitting in court and ongoing training for the first 18 months

Training – Initial Training Organised by Judicial Studies Board Carried out locally often by the Legal Advisor On appointment, all magistrates receive initial training before sitting in court – intensive induction course to familiarise them with court procedures and theory and practice of sentencing Based on competencies – skills magistrates need to develop: Managing yourself – preparing for court, conduct in court, ongoing learning Working as a member of a team – team aspect of decision making in MC Making judicial decisions – impartial and structured decision-making

Training - Ongoing Training Initial Training – as per previous slide. Before sitting in court. Then new magistrate sits with 2 experienced magistrates Mentoring – specially trained experienced magistrates act as mentors and support the core training magistrates receive in their first year Core Training – further training during the first year Consolidation Training – at end of first year – builds on learning from court sittings and core training First Appraisal – 12-18 months after appointment – if successful magistrate is deemed to be fully competent Possible Further Training Magistrates in Youth Court or Family Court receive additional training Chairperson – training in managing judicial decision-making –focuses on working with the clerk, managing the court and ensuring effective, impartial decision-making

Role of Magistrates – Criminal Cases Try 97% of all criminal cases Deal with preliminary matters for the remaining 3% Hear applications for bail under Bail Act 1976 Advised on points of law by legally qualified legal advisors but they decide the facts, interpret the law and decide whether D is guilty or not. They also decide on the sentence Commit all indictable cases and many either way cases for trial in CC Great majority of Ds plead guilty and so Magistrates carry out a great deal of sentencing Maximum term of imprisonment they can impose – 6 months for a single offence, 12 months for multiple offences Maximum fine - £5000 Remember – can send cases to CC if they feel sentencing powers are inadequate