2. Have you ever
thought about
volunteering to
become a fully trained
lay magistrate?
Make positive
decisions on
improving society.
Help deliver
justice for the
people.
3. Justice of the Peace
Lay magistrates are unpaid volunteers, who don’t necessarily
have any legal training, knowledge or qualifications.
People aged between 18 to 60, from all backgrounds,
occupations, ethnicities, cultures and religions can apply to
become a magistrate.
To ensure justice is carried out fairly, the composition of the lay
magistrates should reflect on the society and communities in
which we live. However current statistics show that this isn’t
the case.
We need your help.
4. About …
Lay magistrates hear criminal, family and youth cases.
Although no legal experience or qualifications are required, full
training is given including mentoring.
Magistrates are required to undertake a minimum of 26 half
day sittings a year (13 days). This can be increased if you are
required to hear family and youth cases.
Lay magistrates also work closely with local communities. The
Magistrates in the Community (MIC) project is as initiative
which is helping to raise awareness of magistrates and criminal
justice system. More information can be found at:
http://www.magistrates-association.
org.uk/education/magistrates-in-the-community/
Other tasks include:
• Issuing warrants
• Decisions regarding bail
• Remanding people in custody
• Requesting reports
• Referring cases to other courts
• Enforcing fines
• Breaches of existing sentences
Newburn (2013, p. 657)
5. Personal Qualities There are 6 key qualities magistrates candidates
must demonstrate …
Good character
Commitment and reliability
Social Awareness
Sound Judgement
Understanding and Communication
Maturity and sound temperament
Do you hold these qualities ?
6. Characteristics
• Are you in good health and able to sit for long periods of
time with good hearing?
• Good character – Its unlikely for you to become a
magistrate if you have been found guilty of a serious crime
or a number of minor offences. Been banned from driving
in the last 5 to 10 years or declared bankrupt.
• Conflict of interest. Many magistrates are also in full time
employment too, however certain occupations can prevent
you from becoming a magistrate, for example a police
officer.
• Employers are required by law to allow you reasonable time
off work to serve as a magistrate. Many employers also
allow employees time off work with pay. Although if you
lose out on pay you can claim allowances for travel and
subsistence.
7. Cases Heard The Magistrates courts hear less serious crimes than the Crown Courts.
There are 2 kinds of criminal cases which magistrates hear; summary
offences and either way offences:
Summary offences:
• Road traffic offences
• Minor assaults
• Criminal damage
• Abusive behaviour
• Drunk and disorderly
Either way Offences
• Theft
• Handling stolen goods
• Drugs offences and burglary.
Either way offences are sometimes passed to the Crown Court as the lay
magistrates may feel that the offence is too serious and their sentencing
powers are insufficient in relevance to the crime committed.
8. Sentencing Powers
Lay magistrates have different sentencing powers to those of
judges in Crown Courts, sentencing available to them is as follows:
• Up to 6 months in prison (no more than 12
months in total for more than one offence.
• Fines of up to £ 5,000.
• Community sentence – i.e. unpaid
work in the community
Magistrates can give a combination of punishments, for
example a fine and community sentence.
9. So why become a magistrate?
Becoming a magistrate can provide you with helpful and valuable skills which benefit both you
and your community.
A lot of the skills you will develop are transferable skills and can also benefit you in employment.
Personal skills, communication, team working, decision What are the benefits?
making.
Self confidence.
Leadership and mentoring skills.
Knowledge of the Law.
Making your community a safer better place.
Making a difference.
Contributing to supporting and abiding the law.
Contributing with the rehabilitation of offenders.
Find Law UK (2014)
10. Application
We hope this presentation has been interesting and provided
you with an insight to the role of an magistrate and most of all
made you interested and inspired to join up and become a lay
magistrate.
Applications are available from the following link:
https://www.gov.uk/government/publications/become-a-magistrate-application-form
More information regarding Magistrates Courts and the role of
the lay magistrate can be found using the following links:
http://www.magistrates-association.org.uk/
http://www.judiciary.gov.uk/about-the-judiciary/who-are-the-judiciary/judicial-roles/magistrates/
We hope to receive your application soon !
11. Bibliography
• Find Law UK 2014. Benefits of being a magistrate [Online]. Available at:
http://www.findlaw.co.uk/law/criminal/criminal_courts/8036.html [Accessed: 23
November 2014].
• Newburn, T. 2013. Criminology. 2nd ed. Oxon: Routledge.