Magistrates History History Qualifications Qualifications Appointment Appointment Training Training Duties Duties

Magistrates There are about 29,000 lay magistrates There are about 29,000 lay magistrates Lay magistrates act as judges in Magistrates’ Courts Lay magistrates act as judges in Magistrates’ Courts They are part-time They are part-time Another name for lay magistrates is ‘Justices of the Peace’ Another name for lay magistrates is ‘Justices of the Peace’ Magistrates usually hear cases on a panel of two or three, though they can sit alone with limited powers Magistrates usually hear cases on a panel of two or three, though they can sit alone with limited powers District judges also work in Magistrates’ Courts, however these are not lay people: they are legally qualified and can sit on their own District judges also work in Magistrates’ Courts, however these are not lay people: they are legally qualified and can sit on their own

History of the magistracy The office of Justice of the Peace dates back to the twelfth century (1100s) The office of Justice of the Peace dates back to the twelfth century (1100s) In 1195 Richard I appointed ‘keepers of the peace’ In 1195 Richard I appointed ‘keepers of the peace’ But by 1361 the title of ‘Justice of the Peace’ was being used But by 1361 the title of ‘Justice of the Peace’ was being used The poor quality of local magistrates and the absence of a police force became a matter of concern by the 1700s The poor quality of local magistrates and the absence of a police force became a matter of concern by the 1700s Until 1839, magistrates were also in charge of the police as well as hearing cases in court Until 1839, magistrates were also in charge of the police as well as hearing cases in court

Qualifications As we know, magistrates do not need a legal qualification. However, there are some formal requirements: As we know, magistrates do not need a legal qualification. However, there are some formal requirements: 1. Good character 2. Good communication skills 3. Social awareness 4. Maturity 5. Sound judgement 6. Commitment and reliability 7. Be aged between 18 and 65

Qualifications Another requirement is that lay magistrates must be prepared to commit themselves to sitting at least 26.5 days a year Another requirement is that lay magistrates must be prepared to commit themselves to sitting at least 26.5 days a year Also, some people are not eligible to be magistrates. These include: Also, some people are not eligible to be magistrates. These include: 1. Those with criminal records 2. Undischarged bankrupts 3. Relatives of those in the local justice system, e.g. the wife of a local policeman 4. Those with a disability that will prevent them from doing the job, e.g. deafness

Appointment About 1500 new lay magistrates are appointed each year About 1500 new lay magistrates are appointed each year Appointments are made by the Lord Chancellor and the Queen Appointments are made by the Lord Chancellor and the Queen

Appointment The Queen and the Lord Chancellor rely on advice from Local Advisory Committees when appointing magistrates The Queen and the Lord Chancellor rely on advice from Local Advisory Committees when appointing magistrates The members of these committees tend to be current or ex-magistrates The members of these committees tend to be current or ex-magistrates Local Advisory Committees are often accused of being unrepresentative of the general public Local Advisory Committees are often accused of being unrepresentative of the general public

Training Since 1998, the Magistrates’ New Training Initiative (MNTI) has handled the training of magistrates Since 1998, the Magistrates’ New Training Initiative (MNTI) has handled the training of magistrates Training is divided into 4 key areas: Training is divided into 4 key areas: 1. Managing yourself 2. Working in a team 3. Making judicial decisions 4. Managing judicial decision making

Training After core training and observing cases, a new magistrate will sit as a ‘winger’ to hear cases After core training and observing cases, a new magistrate will sit as a ‘winger’ to hear cases This means they will be one of a panel of three, an experienced chairperson, and two wingers. This means they will be one of a panel of three, an experienced chairperson, and two wingers.

Duties Magistrates have a very wide workload: Magistrates have a very wide workload: They try 97% of all criminal cases – minor offences They try 97% of all criminal cases – minor offences They also handle criminal hearings, such as remand hearings, bail applications and transfer proceedings They also handle criminal hearings, such as remand hearings, bail applications and transfer proceedings They also handle civil matters such as the enforcement of debts (e.g. council tax, energy bills and TV licences) or the granting of alcohol licences They also handle civil matters such as the enforcement of debts (e.g. council tax, energy bills and TV licences) or the granting of alcohol licences Some magistrates also handle Youth Court (10-17 years old) proceedings and some Family Court cases Some magistrates also handle Youth Court (10-17 years old) proceedings and some Family Court cases