Magistrates – Qualification, Selection, Appointment, Trai - PowerPoint Presentation

Slide1

Magistrates – Qualification, Selection, Appointment, TrainingSlide2

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 Slide3

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.Slide4

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 employerSlide5

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:

1

st

– examines

candidate’s character

2

nd

– comprises

sentencing and trial exercises

– assesses

candidate’s judgement Slide6

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

monthsSlide7

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-makingSlide8

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-makingSlide9

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