Rules and Theory of Criminal Law MAGISTRATES

1. Rules and Theory of Criminal LawMAGISTRATES

2. Objectives • Explain the role of magistrates within the criminal justice system. • Explain the selection, appointment and removal of magistrates. • Discuss the social, racial and gender composition of the magistracy. • Evaluate the arguments for and against lay magistrates. • Discuss reforms to the magistracy.

3. Magistrates • Long history – dating back to the Justice of the Peace Act 1361 • Approximately 30 000 lay magistrates – also called justices of the peace (JPs) • Magistrates hear over 1 million cases a year = 95% of all criminal trials • Remaining cases hear in Crown Court • Part-time and unpaid – they receive expenses for e.g. travel and subsistence, loss of earnings allowance.

4. Magistrates • 129 professional judges (paid and legally qualified) who sit in the magistrates’ court –’district judges (magistrates’ courts)’ – 5 years experience needed to apply - act as sole judge • Since Constitutional Reform Act 2005 – appointed by the Judicial Appointments Commission.

5. Selection and Appointment • Under 65 • No formal qualifications required - must live within 15 miles of commission area in which they will work (local justice) and do an average of ½ day a week • Appointed by Lord Chancellor on recommendation from a Local Advisory Committee • Appointments criteria – 6 key qualities.

6. Selection and Appointment • LAC membership mostly serving and retired magistrates. • Vacancies advertised/ people sought from local community groups, trade unions etc./ most new magistrates known personally or by reputation to LAC. • Courts Act 2003 – magistrates are now appointed nationally. • Certain people are excluded they include - police officers, traffic wardens, armed forces, certain criminal convictions etc.

7. Removal and Retirement • Retire at 70 • Criminal Justice Act 2003 – Lord Chancellor can remove from office: • On the ground of incapacity or misbehavior; • Failure to meet the standards of competence; and • If it is satisfied that the magistrate is declining or neglecting to take part in the exercise of his/ her functions.

8. Background • Social composition - most from professional and managerial classes, mainly white (6% ethnic minorities) middle age (average age is 57) middle-class and Conservative – Why do think this is the case? • Government issued a White Paper, Supporting Magistrates’ Courts to Provide Justice ,to encourage recruitment of younger and working class magistrates.

9. Training • Magistrates’ Commission Committee – provide training – supervised by Judicial Studies Board. Training includes: • Theory and practice of sentencing. • Court procedure. • Techniques of chairing. • Basic training of 12 hours every 3 years. • Juvenile courts receive extra training. • Mentoring scheme.

10. The Criminal Role Usually sit as a bench of 3 – Since s.49 Crime & Disorder Act 1998 a single magistrate can: • Extend or vary bail conditions. • Remit an offender to another court for sentence. • Give directions as to timetable for proceedings, attendance of parties, service of documents, and manner in which evidence is to be given.

11. The Criminal Role Four main functions in criminal cases: • Hearing bail applications. • Trial. Magistrates will hear all summary cases and have jurisdiction to hear either way cases (all cases start in the magistrates court – they do not have jurisdiction to hear indictable cases these will always be heard in the Crown Court). • Appeals. • Mode of trial and Sending for Trial.

12. Mode of Trial • Triable either way offences – defendant can insist on jury trial, otherwise up to the Magistrates. • How do the magistrates make this decision? • Seriousness of the case. • Their sentencing powers. • Since 1996 – they take into account the defendant’s plea. • Criminal Justice Act 2003, Sched.3 – magistrates will be told of defendant’s prior convictions when deciding mode of trial.

13. Sending for Trial • Section 51 Crime & Disorder Act 1998 – ‘sending for trial’ hearing (old committal procedures abolished by the Criminal Justice Act 2003) ‘Sending for trial’ – indictable offences: • One appearance in Magistrates to determine e.g. funding of case, bail, use of exhibits and statements • Magistrates provide statement of evidence, notice of the offence(s) and place of trial • Then sent immediately to Crown

14. Civil Role • Grant licenses to betting shops and casinos. • Hear appeals from Local Authority decisions regarding issue of pub and restaurant licenses. • Domestic cases e.g. adoption cases.

15. The Justices’ Clark • Five years qualification as barrister or solicitor. • Advise lay magistrates as to law and procedure. • Must not take part in the actual decision making. • Clerks independence is guaranteed by s.29 Courts Act 2003.

16. Advantages of Lay Magistrates What advantages can you think of? • Cost • Involvement of lay people • A bench of 3 gives a more balanced view • Local knowledge

17. Disadvantages of Lay Magistrates What disadvantages can you think of? • Inefficient • Not legally qualified • Inconsistencies in sentencing • Bias towards the police – R v Bingham Justices, ex parte Jowitt (1974) • Limited background • Local knowledge

18. Reforms? What reforms can you think of? • Replace with professional judges • Increase the powers and role of the clerk • Improve the selection process • Improve training • Single unified criminal court ( as recommended by Auld) • Community Justice centre

19. Test Yourself • Who appoints lay magistrates? • What is the role of the LAC? • What qualifications does a person need to become a magistrate? • At what age must a magistrate retire? • What are the 4 main functions of magistrates in criminal cases? • How many magistrates normally sit to hear a case? • What is the role of the clerk? • Explain two advantages and disadvantages of magistrates.