The Criminal Courts and Lay People

1. The Criminal Courts and Lay People Magistrates

2. Objectives • Describe the qualification selection and appointment of a magistrate • Describe the training role and powers of magistrates

3. A Little Bit of History • Also known as Justices of the Peace • Originated in 1195 – Richard I required some knights to keep peace • Responsible to king for ensuring law upheld • Preserved the ‘Kings Peace’ • Known as ‘Keepers of the Peace’ • 1361 – ‘Justice of Peace’ first used • Role developed since then

4. What is a Magistrate? • Unqualified • Part time • Unpaid (apart from expenses) • Annual training budget = £500 per head • Equal numbers of men and women • Reflect society as a whole • Race and gender balance that reflects the local area

5. What is a Magistrate? • Have to sit 26 half days a year • Constant appointments • 2005/2006 – 1132 men and 1080 women appointed • Includes growth and turn-over • Sit as bench of three • Have role in all criminal cases • 1 million cases heard each year • In 2006/7 – 850,000 convictions • Some full time paid magistrates called District Judges

6. Qualification and Eligibility • No special qualifications • 1st requirement is to have correct qualities • Good character • Understanding and communication • Social awareness • Mature and sound temperament • Being of sound judgement • Have commitment and reliability

7. Qualification and Eligibility • 2nd requirement Willingness to take Oath of Allegiance • British nationality not required • But if seeking asylum cannot be appointed • Some professions ineligible (as compromise impartiality) – police and armed forces • Discretion in this but must test conflict of interest • Extend to applicants family too • Freemason disclosure

8. Qualification and Eligibility • 3rd requirement – criminal convictions and civil claims • Extension of quality of good character • Must disclose any convictions – however minor • Also civil orders – divorce and maintenance settlements • Rehabilitation Act 1974 does not apply • Applies to families of applicant too • No formal age requirement but between 18 – 70 • 5 years service normally required before retirement

9. Selection of a new magistrate • Number of stages • Advertisement in area where required • Public awareness days in some courts • Can apply in home or work locality • Standard form available from Ministry of Justice • Downloaded or printed from website • Completed – straightforward and done hard copy or online

10. Selection of a new magistrate • Submitted and checked for general eligibility • If eligible applicant invited to first interview • Sent by Advisory Committee • (This consists of local people and magistrates) • If successful – second interview • Background checks made for conflicts of interest • Advisory Committee consider suitability • View of Committee sent to Lord Chancellor who makes appointments

11. Appointment of Magistrate • Appointed by Secretary of State and Lord Chancellor • Done so on behalf of Queen • Then meet new colleagues • Begin training

12. Training of Magistrates • Judicial Studies Board has overall responsibility • Operates through regional Courts Board areas • Each area responsible for delivering training • Delivered by Justices’ Clerk • Local Magistrates’ Area Training Committee sets training priorities – agrees annual training plan • Magistrates’ Association consulted on training • Works with Judicial Studies Board to develop materials

13. Training of Magistrates • Each year Court Service and JSB produce minimum training document • Sets out minimum training provision and additional training • Not all training for all magistrates • Compulsory training for new magistrates designed to prepare them for sitting in court • Usually delivered locally by Justices’ Clerk

14. Training of Magistrates • Includes: • Basic introduction to role and responsibilities • Preliminary reading and three days of training • Three court observations • Visit to a prison • Visit to young offenders’ institution • Visit to probation service facility • After completion can start to sit in court

15. Training of Magistrates • New magistrate then develops in role • After a year receives consolidation training • Normally for two days equivalent • Includes training on law procedures and skills • Best way to learn is from experience in court • All new magistrates given a mentor - especially trained magistrates • In first year have 6 sessions with mentor

16. Training of Magistrates • After 2 years opportunities to specialise • Youth court or Family Proceedings Court • Can undertake training to become chairman of bench • Also new legislation training or sentencing policy • Materials include: • Adult Bench Book, Family Bench Book, Youth Bench Book & a New Magistrates Workbook

17. Role and powers • Each bench should broadly reflect community it serves • Gender, ethnic origin, geographical spread, occupation and political affiliation • Allows magistrates to deal effectively with local issues • Must sit for at least 26 half days each year • Bench of three • Chair and two wingmen

18. Role and powers • Wingmen less experienced than chairman • Always have advice of qualified legal adviser • This is the Justices’ Clerk or Assistant Clerk • Responsible for effective case management & avoidance of delay • Legal advisor explains relevant points of law and legal procedures • Gives advice on possible sentencing options

19. Role and powers • Magistrates alone make decisions • Magistrates also decide on sentence (but must be within powers) • Advisor makes sure they are aware of latest guidelines and policies on sentencing • Chairman of bench announces decision to court

20. Role and powers • Advisor carries out many administrative roles: • Preparing for court sessions • Making sure all relevant papers and exhibits are ready • Reading charges to the court • Dealing with the paperwork for legal aid and bail • Managing court schedules • Training magistrates

21. Role and powers • Magistrates: • Hear less serious crimes • Commit serious cases to higher courts • Cannot impose sentences of imprisonment of more than 6 months (12 months for consecutive sentences) • Cannot impose fines exceeding £5,000 • Can also sit in Crown Court with a judge to hear appeals from Magistrates’ Courts against conviction or sentence • Also can sit in Crown to hear proceedings on committal to Crown Court for sentencing

22. Removal • Must retire at 70 • Complaints dealt with under Judicial Discipline (Prescribed Procedures) Regulations 2006 • Complaints may come from a wide range of sources • Investigated on behalf of the Lord Chancellor and Lord Chief Justice • Investigated by Advisory Committee and support staff

23. Removal • Failure to meet standards or to attend required sittings can result in removal • In 2006 there were 28 complaints with 15 removals • Consider Alan Mitchell who complained about ‘bloody foreigners’

24. Objectives • Describe the qualification selection and appointment of a magistrate • Describe the training role and powers of magistrates