Transcript Magistrates - A Level Law

Magistrates
History
 Qualifications
 Appointment
Training
 Duties

Magistrates






There are about 29,000 lay magistrates
Lay magistrates act as judges in Magistrates’
Courts
They are part-time
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
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)
In 1195 Richard I appointed
‘keepers of the peace’
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
Until 1839, magistrates were also
in charge of the police as well as
hearing cases in court
Qualifications

1.
2.
3.
4.
5.
6.
7.
As we know, magistrates do
not need a legal qualification.
However, there are some
formal requirements:
Good character
Good communication skills
Social awareness
Maturity
Sound judgement
Commitment and reliability
Be aged between 18 and 65
Qualifications


1.
2.
3.
4.
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:
Those with criminal records
Undischarged bankrupts
Relatives of those in the local justice
system, e.g. the wife of a local
policeman
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
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 members of these committees tend to
be current or ex-magistrates
Local Advisory Committees are often
accused of being unrepresentative of the
general public
Training


1.
2.
3.
4.
Since 1998, the Magistrates’ New
Training Initiative (MNTI) has handled
the training of magistrates
Training is divided into 4 key areas:
Managing yourself
Working in a team
Making judicial decisions
Managing judicial decision making
Training


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.
Duties





Magistrates have a very wide
workload:
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 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