MagistratesMagistrates HistoryHistory

QualificationsQualifications AppointmentAppointment

TrainingTraining DutiesDuties

MagistratesMagistrates There are about 29,000 lay magistratesThere are about 29,000 lay magistrates Lay magistrates act as judges in Lay magistrates act as judges in

Magistrates’ CourtsMagistrates’ Courts They are part-timeThey are part-time Another name for lay magistrates is ‘Justices Another name for lay magistrates is ‘Justices

of the Peace’of the Peace’ Magistrates usually hear cases on a panel of Magistrates usually hear cases on a panel of

two or three, though they can sit alone with two or three, though they can sit alone with limited powerslimited powers

District judgesDistrict judges also work in Magistrates’ also work in Magistrates’ Courts, however these are Courts, however these are notnot lay people: lay people: they are legally qualified and can sit on their they are legally qualified and can sit on their ownown

History of the magistracyHistory of the magistracy The office of Justice of the The office of Justice of the

Peace dates back to the twelfth Peace dates back to the twelfth century (1100s)century (1100s)

In 1195 Richard I appointed In 1195 Richard I appointed ‘keepers of the peace’‘keepers of the peace’

But by 1361 the title of ‘Justice But by 1361 the title of ‘Justice of the Peace’ was being usedof the Peace’ was being used

The poor quality of local The poor quality of local magistrates and the absence of magistrates and the absence of a police force became a matter a police force became a matter of concern by the 1700sof concern by the 1700s

Until 1839, magistrates were Until 1839, magistrates were also in charge of the police as also in charge of the police as well as hearing cases in courtwell as hearing cases in court

QualificationsQualifications As we know, magistrates do As we know, magistrates do

not need a legal not need a legal qualification. However, qualification. However, there are some formal there are some formal requirements:requirements:

1.1. Good characterGood character2.2. Good communication skillsGood communication skills3.3. Social awarenessSocial awareness4.4. MaturityMaturity5.5. Sound judgementSound judgement6.6. Commitment and reliabilityCommitment and reliability7.7. Be aged between 18 and 65Be aged between 18 and 65

QualificationsQualifications Another requirement is that lay Another requirement is that lay

magistrates must be prepared magistrates must be prepared to commit themselves to sitting to commit themselves to sitting at least 26.5 days a yearat least 26.5 days a year

Also, some people are not Also, some people are not eligible to be magistrates. These eligible to be magistrates. These include:include:

1.1. Those with criminal recordsThose with criminal records2.2. Undischarged bankruptsUndischarged bankrupts3.3. Relatives of those in the local Relatives of those in the local

justice system, e.g. the wife of a justice system, e.g. the wife of a local policemanlocal policeman

4.4. Those with a disability that will Those with a disability that will prevent them from doing the prevent them from doing the job, e.g. deafnessjob, e.g. deafness

AppointmentAppointment

About 1500 new lay About 1500 new lay magistrates are magistrates are appointed each yearappointed each year

Appointments are made Appointments are made by the Lord Chancellor by the Lord Chancellor and the Queenand the Queen

AppointmentAppointment

The Queen and the Lord Chancellor The Queen and the Lord Chancellor rely on advice from rely on advice from Local Advisory Local Advisory CommitteesCommittees when appointing when appointing magistratesmagistrates

The members of these committees The members of these committees tend to be current or ex-magistratestend to be current or ex-magistrates

Local Advisory Committees are often Local Advisory Committees are often accused of being unrepresentative of accused of being unrepresentative of the general publicthe general public

TrainingTraining

Since 1998, the Magistrates’ New Since 1998, the Magistrates’ New Training Initiative (MNTI) has Training Initiative (MNTI) has handled the training of magistrateshandled the training of magistrates

Training is divided into 4 key areas:Training is divided into 4 key areas:

1.1. Managing yourselfManaging yourself

2.2. Working in a teamWorking in a team

3.3. Making judicial decisionsMaking judicial decisions

4.4. Managing judicial decision makingManaging judicial decision making

TrainingTraining After core training After core training

and observing and observing cases, a new cases, a new magistrate will sit as magistrate will sit as a ‘a ‘wingerwinger’ to hear ’ to hear casescases

This means they will This means they will be one of a panel of be one of a panel of three, an three, an experienced experienced chairperson, and chairperson, and two wingers.two wingers.

DutiesDuties Magistrates have a very wide Magistrates have a very wide

workload:workload: They try 97% of all criminal cases – They try 97% of all criminal cases –

minor offencesminor offences They also handle criminal hearings, They also handle criminal hearings,

such as remand hearings, bail such as remand hearings, bail applications and transfer applications and transfer proceedingsproceedings

They also handle civil matters such They also handle civil matters such as the enforcement of debts (e.g. as the enforcement of debts (e.g. council tax, energy bills and TV council tax, energy bills and TV licences) or the granting of alcohol licences) or the granting of alcohol licenceslicences

Some magistrates also handle Some magistrates also handle Youth Court (10-17 years old) Youth Court (10-17 years old) proceedings and some Family proceedings and some Family Court casesCourt cases