Lay magistrates are volunteer individuals aged 18-70 who work in magistrates' courts to listen to cases and deliver verdicts, requiring no legal background while receiving training. They deal with summary and either-way offences, with sentencing powers including fines, community orders, and short custodial sentences, while ensuring decisions serve the justice system appropriately. Magistrates also work in family and youth courts, where they directly interact with offenders, focusing on rehabilitation and the best interests of young individuals.

1. HOW YOU CAN BE A LAY
MAGISTRATE.
Aroosa Shabir

2. 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.

3. THE LAYOUT OF A MAGISTRATES COURT
Magistrates Court Family Court Youth Court

4. 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.

5.  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.

6. 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.

7. 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.

8.  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.

9. 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)

10. 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.

11. 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.

12.  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.

13. Do you have
what it takes to
be a lay
magistrate?