1. Magistrates – Qualification, Selection, Appointment, Training

2. 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

3. 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.

4. 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

5. 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

6. 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

7. 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

8. 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 – 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

9. 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