HOW YOU CAN BE A LAY

MAGISTRATE.Aroosa Shabir

WHO ARE LAY MAGISTRATES AND WHAT

DO THEY DO?

Magistrates are volunteers who work in the magistrates court of

their own will.

It’s their responsibility to listen to cases, and decide on a verdict.

There are 3 magistrates on a bench, one of them is a chair

magistrate and the other 2 are his/hers colleagues.

If 2 of the magistrates can’t decide on the same verdict then the

chair magistrate will decide.

They require no legal background or qualifications.

To help them decide on a verdict, they will be advised by a legal advisor/clerk, but the legal advisor/clerk cannot participate in the

decision making process.

THE LAYOUT OF A MAGISTRATES COURT

Magistrates Court Family Court Youth Court

WHAT QUALITIES ARE EXPECTED FROM A LAY

MAGISTRATE.

To attend training courses, which are made to give new magistrates an understanding of the functions and the powers of the bench, and what needs to be considered when sentencing.

Sometimes compulsory training will have to be taken, which consists of reading material and distance learning exercises which will cover the duties of a magistrate.

Team working skills and communication skills are important as you have to be able to get along with each other, and be able to work as part of a team.

If the law changes then magistrates will have to go on a training course, so they have knowledge on the change, also if the law on sentencing has changed then it is important for them to find out information about it.

You must be able to understand the framework of the Criminal Justice System

(CJS), and the work and responsibilities of the police, Crown Prosecution Service

(CPS) and the jurisdiction of criminal courts.

Having knowledge in common offences e.g. driving offences, theft etc., is useful.

Magistrates are required to keep an open mind and listen to the facts and base

their verdict on the evidence provided.

TIME AND MONEY Magistrates need to be able to commit for a minimum of 26 half-

days per year to sit in court.

Employers are required by the law to grant time of work for

magistrates.

If you suffer loss of earnings you may claim a loss allowance at a

set rate. You can also claim allowances for travel, fuel and

subsistence.

THEIR SENTENCING POWERS

When sentencing lay magistrates will take the following factors into account:

The facts of the offence which have been given in court

The offenders circumstances

The defendants explanation of the offence and any other

information in the defendants favour.

When someone has pleaded or been found guilty the magistrates will

proceed to sentencing, where they have to follow a structured

decision making process and sentencing guidelines which informs them of the expected penalty for typical offences. They will also

have to take note of case law and any other practice decisions from

the higher courts.

If they think the case is to serious for a magistrates’ court then then they

can refer the case to a higher court, but the sentencing will be a lot

more serious.

Sentencing is different in youth courts, because the magistrates will

meet the needs of the young offender.

Also when magistrates are in a youth court, they will directly speak to

the youth offender and decide on what is best for them instead of

listening to a legal advisor.

WHAT KIND OF SENTENCES CAN MAGISTRATES

GIVE?

A magistrates sentencing powers include:

Giving fines of up to £5000 for each offence

Community payback orders

Probation orders

A custodial sentence of 6 months or less (a total of 12 months for

multiple offences)

THEIR DEMOGRAPHIC FEATURES

You can be a magistrate if you are aged 18-70, but you must be in good health and be able to hear clearly so you know what is going on in cases. If you are blind you are allowed to be a magistrate as long as you can hear clearly, and deaf people are not eligible to be magistrates.

Magistrates do not have to be British and can be of any nationality, but all magistrates have to take an oath of allegiance and asylum seekers will not be appointed.

You do not have to be from a certain social class or ethnic background to become a magistrate, as it is a voluntary position.

Females and males can become a magistrate as long as they meet the guidelines that are mentioned above.

WHAT KIND OF CASES DO MAGISTRATES DEAL WITH?

Magistrates deal with 3 kinds of cases:

Summary offences - are minor crimes e.g. motoring offences, minor assaults etc.

Either – way offences – are offences dealt with either the magistrates court or before a judge and jury at the crown court, e.g. theft; if petty theft has been committed the magistrates court will deal with it, if the theft is serious then it will be dealt with in the crown court in front of a judge and jury.

Indictable offences – are crimes such as murder, rape, manslaughter, robbery etc. Magistrates do not have a major influence in indictable offences, and these serious crimes must be dealt with in a crown court. If indictable offences are dealt with by magistrates in the magistrates court they have to decide whether to grant bail. Other legal issues such as reporting restrictions will also be considered, and then the case will be passed to the crown court.

Magistrates also work in family courts where they will have to make a decision about a child’s future. They will be advised by social workers so that they can make a decision that will benefit the child.

They also work in youth courts, where they deal directly with the youth offender. They do this so that they can meet with the offenders needs and do what is best for them instead of listening to their legal advisor. E.g. if a young person is in court for assaulting someone and the magistrates find out that they have anger issues because of a lot problems at home. Then they will advise the young person to take anger management sessions and maybe speak to counsellor about their home issues, and they may also get social services involved depending on what has gone on in the youth offenders life.

Do you have

what it takes to

be a lay

magistrate?