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Magistrates Revision Presentation

By Eleanor Walker

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Background to magistrates (history)

• 1195- Richard I appointed ‘Keepers of Peace’.

• The mid thirteenth century- the judicial side of their position had been developed.

• 1361- the title of Justice of the peace was being used.

• Over the years they were give many administrative duties, for example being responsible for the poor law, highways, highways, weights and measures.

• The nineteenth century- elected local authorities took over most of these duties although some remnants remain (especially in licensing powers in the Magistrates’ court).

• 1835- Municipal Corporations Act gave a general power for boroughs to request the appointment of a paid magistrate.

• 1949- solicitors eligible to be appointed.

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The role of magistrates

• They deal with 97% of all criminal cases.

• They deal with the preliminary hearings for the other 3%, the different type of preliminary hearings are: early administrative hearings, remand hearings, bail applications, transfer proceedings and legal aid applications.

• They hear the cases.

• They take legal advice off the qualified clerk (Justices of the peace Act 1979).

• Discuss and come to impartial decisions with other members of the bench.

• They deliver the verdict.

• They decide and deliver the sentencing. In an adult court it is up to 6 months in prison and/or up to £5,000 fine.

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Selection and appointment

1) References are checked and a short list is then drawn up.

2) In the first interview they identify the 6 key qualities (good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement and commitment and reliability). They explore candidates attitudes on various criminal justice issues e.g. drink driving.

3) Another short list is then drawn up.

4) In the second interview they test candidates potential judicial aptitude by a discussion around 2 cases. There is then a number of judging and sentencing exercises.

5) Candidates who are selected by the local advisory committee are then nominated towards the Lord Chancellor who will try to pick more working class people.

6) New magistrates attend a 2 year training and mentoring programme organised by the Judicial Studies Board.

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Training • The courts act 2003 set out statutory obligation on the lord chancellor to

provide training and training materials. This is supervised by the Magistrates’ Committee of the judicial studies board.

• Training takes place in local areas, via the courts clerk and on weekend courses organised by local universities. However the judicial studies board to identify that training needs to be collaborated locally and nationally.

• Training of the youth and family panel chair person will be delivered nationally due to the fact that there is fee chair people in this area therefor it would be not cost effective to run them locally.

• All magistrates are appraised (assessed of their value) every 3 years in 4 areas: managing yourself- preparation for court and conduct in court, working as a member of a team- team decision making, making judicial decisions- impartial and structured decisions and managing judicial decision making (only the chairperson is assessed on this).

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New magistrates training

1) Initial introductory training- understanding of the bench, administration of court and the roles and responsibilities within court.

2) Core training- provides new magistrates to acquire and develop key skills, knowledge and understanding.

3) Activities- observations in courts and visits to prisons.

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Criminal jurisdiction

• Summary offences- assault on a police constable in the execution of his duty, obstructing police, shortening a shotgun, soliciting, speeding and taking a motor cycle or pedal cycle without consent.

• Triable either way offences- ABH, affray, assault with intent to resist arrest, causing GBH, controlling prostitution for gain, dangerous driving, driving whilst disqualified, having an offensive weapon in a public place, sexual assault, stirring up racial hatred, theft, threat to kill, unlawful wounding and violent disorder.

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Youth courts

• No media involvement to protect the child and their identity.

• A lot less formal than adult courts.

• Formal dress must be worn.

• Must have had extra training.

• Maximum hear is 2 years training and detention order.

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Powers of magistrates

• They can issue arrest as long as it’s less than 6 months.

• They can issue fines as long as they are less than £5,000.

• Issue search warrants.

• Warrants for arrest.

• Conduct early administrative hearings.

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Procedure for indictable offences

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Advantages of the magistracy

• An advantage is that magistrates provide a cross-section of society. This is seen in the 50% gender split. A cross-section of society is good because it is representative of the people in the community who the defendant has committed crime against.

• Also, magistrates are not paid- they are volunteers which means they are a relatively cheap piece of justice.

• There are few appeals in Magistrate courts meaning they are reliable and a trustworthy piece of justice for our society. So defendants know they are being treated well in a magistrates court.

• As well as cost, magistrates are very quick and efficient, compared to the crown court which takes days or weeks, sometimes even months, to be completed.

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Disadvantages of the magistracy

• Unfortunately, there is not a consistency in the sentencing as Magistrates are trained at a local level.

• There is sometimes prosecution bias towards police or CPS, or sometimes people who they feel sorry for like if they are going into the army and a sentence for jail will mean they cannot join the forces and will be unemployed.

• Middle class, middle aged and middle Englanders. Even though there is a 50/50 split in genders as a cross-section of society, unfortunately the same cannot be said about class, age and ethnicity. This means that they will not have a lot in common with the defendants who appear before them concluding in an unfair trial.

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Conclusion

• Overall I believe that the overall success of the lay magistrates within the criminal justice system is proved by the low appeal rate.

• Also, in 2003 2,811 out of 1.9 million were allowed to appeal on decision or sentencing and only 43 appeals by case state.

• This confirms that although there are problems with using this system it still works effectively and maintains a vital role in our criminal justice system.