1. Lay People in the Judicial System
Magistrates
Miss Hart
2011-12

2. What do you need to be a Magistrate?
Category Means? Criticism
Age
“Characteristics” 1. Good Character
2. Understanding and
communication
3. Social Awareness
4.Maturity and sound temprement
.Commi
ltmentt 5.Sound judgement
reliabili
6.Commitment and reliability
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social Lord Chancellor 1998
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3. Extended Thinking AO2:
Can you be too young to be a Magistrate?

4. Who can’t sit as a magistrate?
Student task:
Each of these pictures
represents a group who
may not be able be a
Magistrate...
E Can you identify them?
Can you work out which are
C a blanket „no‟ and which are
a „maybe‟
Can you explain why they
A can‟t serve?

5. Applying the Law (AO2)
Problem Yes/No? My Thoughts on why...
John 27 who lives in Dunstable,
wants to be a magistrate in
Birmingham
Bob, a 21 year old student who is
not very reliable
Keith, 52, who is poorly sighted
and has a stutter
Gemma 30, who wants to give up
10 days a year to the role
Jason, 65, who has difficulty with
his hearing
Jeff, a 28 year old soldier who
has a previous driving conviction
Carrie, who is on a low income and
wants to be paid
Fatima, 32, who is a housewife.

6. How are Magistrates appointed?
Local Advisory Committee
“... it is important that justices should be drawn
from all sections of the community and should
represent all shades of opinion.”
Lord Chancellor 1966
Application Form
Three references; must refer to the
key characteristics; pick profession
Interview One:
To assess attitudes, focussed on key
qualities
Interview Two:
Practical based on case studies to
test decision making skills on
sentencing

7. How are Magistrates Trained?
1. Brand New Magistrates

8. How are Magistrates Trained?
2. On going training

9. Social Background of Magistrates
Are Magistrates „middle aged, middle class and middle minded”
Majority are 48%
Conservatives female
Mostly professionals
e.g. teachers, managers
etc.
7% Ethnic Minority Youngest
(4% nationally) is 19
82% over 50

10. What does the Legal Adviser do?
Justices of the Peace Act 1971 s.28(3)
“questions of law, practice
and procedure.”
Qualifications? Powers?
What if the legal adviser does get a little too involved?
R v Eccles Justices ex parte Farrelly
What criticisms can you see with this role?

11. Jurisdiction of the Magistrates
Criminal Civil
 Hear % of criminal cases
Licensing Collecting fines
 Hear two types of crime
 May decide on things including:
Bail Guilt Sentence
 The maximum sentencing powers
Family Courts Collecting fines
are:
The appeal powers are:
 With serious offences they:
What about youth
offenders?

12. Evaluation:
That all important AO2!

13. (a) Describe the selection and training of lay magistrates.
Five minutes
Intro
Main
Plenary