MAGISTRATES

Who are Lay Magistrates?

Magistrates are volunteers who act as part time judges in a criminal court. Magistrates hear almost 96% of all criminal trials with over 90% ending there. Magistrates receive training although no legal qualifications are required.

How much power does a Magistrate have?

A Magistrate can issue the following punishments;● Maximum 6 months imprisonment, or a

maximum of 12 months for more than one offence.

● A fine up to the maximum of £5000.

They can also issue the following .....

● Suspended sentence, they also have the right to activate that sentence if offender fails to meet the terms set.

● Community orders - Unpaid work, rehabilitation for alcohol or drugs , or probation.

● Discharge - the magistrate can issue a conditional discharge where the defendant will not be punished if another crime is not committed for 3 years OR absolute discharge where this would would be the end of the matter.

● Fines, compensation, ASBO, confiscation orders, disqualification of ownership of animals, driving ban, football ban, restraining orders, sexual offence prevention order and forfeiture and destruction of drugs.

What are the typical cases a magistrate will hear……

There are 3 types of criminal case, a Magistrates hears 2 of these

● Summary offences: Minor assaults, driving offences, alcohol related incidents - small cases are typically disposed of in the magistrates court.

● Either way offences: Can either be dealt with by a magistrate or by a judge and jury at crown court. Defendant can insist on right to trial at crown, the magistrate can also decide the case is so serious it must be tried in a higher court these types of cases would include handling stolen goods, assault, theft.

Magistrates also deal with civil matters such as non payment of council tax , family proceedings and are specially trained to sit in youth courts.

The Typical Criminal Cases a Magistrate will hear

BurglaryMinor AssaultsTheft/Robbery

Minor Drug offences

HarrasmentDrunk and Disorderly

Nuisance behaviour.

This virtual tour will give you an insight into the layout of a Magistrates court

Magistrates Court virtual tour

A diverse magistracy and why its important….

A Magistrates bench should reflect its local community the best way it can by representing the people living in it. A range in age, gender, profession, and ethnicity would be a true representation.

"It is vital that the public have confidence in our judiciary. One aspect of ensuring that confidence is a more diverse judiciary that more fully reflects the wider population. That even by 2011 only 5% of judges were from minority groups and only 22% were women suggest there is still work to be done in this area.” (Baroness Jay)

The JAC statistics from October 2012 - March 2013 (judiciary.gov.uk, 2014). showed that out of 5’600 people with judicial experience...

● 71% were male and 29% were female● 6% were of a BAME background● 48% were solicitors, ● 52% were barristers● 5% were fellows of CILEX

So who can become a magistrate?

To become a magistrate you must be

● Aged 18-65.● In good health, in particular good hearing.● Of good character● Committed to your community● You must possess the 6 key qualities

THE 6 KEY QUALITIES REQUIRED OF A MAGISTRATE…...

GOOD CHARACTER; Trustworthy, respectful.

UNDERSTANDING AND COMMUNICATIVE;Able to understand documents, follow evidence and communicate effectiveLy.

SOCIALLY AWARE; Appreciate and accept the law.

MATURE AND OF SOUND TEMPERAMENT; Understanding, aware of peoples situations, empathy.

GOOD JUDGEMENT: Think logically and make the right decision based on facts.

COMMITTED AND RELIABLE; Willing to serve community, undergo training and undertake duties on a regular basis.

(www.gov.org.uk).

You must be committed to providing 26 half days or 13 full days a year for magistrate juty!

And who can’t ?

You will not be considered if you work in a conflicting job such as the Police or the Armed Forces, and special consideration would be needed if you are in the probation or prison sector. You cannot apply if you have been declared bankrupt or convicted of a serious crime.

Magistrate’s are voluntary, but you can claim expenses for travel. Most employers usually pay the time spent on magistrate duty, although if this is not the case you can claim an allowance back. (www.gov.uk).

BibliographyMagistratesassociation.co.uk. (2014). Why become a magistrate http://www.magistrates-association.org.uk/about-magistrates/why-become-a-magistrate/ (Last accessed 17/11/14).

Judiciary.gov.uk. (2014). Diversity- gender age and ethnicity

(last accessed 03/11/14).

Gov.uk. (2014). Criminal courts. https://www.gov. (uk/courts/magistrates-courts. (Last accessed 05/11/14).

Judiciary.gov.uk. (2014). Magistrates court. http://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/magistrates-court/. (Last accessed 05/11/14).

http://www.judiciary.gov.uk/about-the-judiciary/judges-career-paths/diversity-gender-age-ethnicity/.