AQA AS Level/ A-Level, Law U1. Requires you to know magistrates, this presentation sums up the background, role, selection and appointment, training, criminal jurisdiction, powers and the advantages and disadvantages of magistrates

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Magistrates Revision
Presentation
By Eleanor Walker

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Background to magistrates (history)
• 1195- Richard I appointed ‘Keepers of Peace’.
• The mid thirteenth century- the judicial side of their position had been
developed.
• 1361- the title of Justice of the peace was being used.
• Over the years they were give many administrative duties, for example
being responsible for the poor law, highways, highways, weights and
measures.
• The nineteenth century- elected local authorities took over most of these
duties although some remnants remain (especially in licensing powers in
the Magistrates’ court).
• 1835- Municipal Corporations Act gave a general power for boroughs to
request the appointment of a paid magistrate.
• 1949- solicitors eligible to be appointed.

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The role of magistrates
• They deal with 97% of all criminal cases.
• They deal with the preliminary hearings for the other 3%, the different
type of preliminary hearings are: early administrative hearings, remand
hearings, bail applications, transfer proceedings and legal aid applications.
• They hear the cases.
• They take legal advice off the qualified clerk (Justices of the peace Act
1979).
• Discuss and come to impartial decisions with other members of the
bench.
• They deliver the verdict.
• They decide and deliver the sentencing. In an adult court it is up to 6
months in prison and/or up to £5,000 fine.

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Selection and appointment
1) References are checked and a short list is then drawn up.
2) In the first interview they identify the 6 key qualities (good character,
understanding and communication, social awareness, maturity and
sound temperament, sound judgement and commitment and reliability).
They explore candidates attitudes on various criminal justice issues e.g.
drink driving.
3) Another short list is then drawn up.
4) In the second interview they test candidates potential judicial aptitude by
a discussion around 2 cases. There is then a number of judging and
sentencing exercises.
5) Candidates who are selected by the local advisory committee are then
nominated towards the Lord Chancellor who will try to pick more
working class people.
6) New magistrates attend a 2 year training and mentoring programme
organised by the Judicial Studies Board.

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Training
• The courts act 2003 set out statutory obligation on the lord chancellor to
provide training and training materials. This is supervised by the
Magistrates’ Committee of the judicial studies board.
• Training takes place in local areas, via the courts clerk and on weekend
courses organised by local universities. However the judicial studies board
to identify that training needs to be collaborated locally and nationally.
• Training of the youth and family panel chair person will be delivered
nationally due to the fact that there is fee chair people in this area
therefor it would be not cost effective to run them locally.
• All magistrates are appraised (assessed of their value) every 3 years in 4
areas: managing yourself- preparation for court and conduct in court,
working as a member of a team- team decision making, making judicial
decisions- impartial and structured decisions and managing judicial
decision making (only the chairperson is assessed on this).

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New magistrates training
1) Initial introductory training- understanding of the bench, administration
of court and the roles and responsibilities within court.
2) Core training- provides new magistrates to acquire and develop key skills,
knowledge and understanding.
3) Activities- observations in courts and visits to prisons.

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Criminal jurisdiction
• Summary offences- assault on a police constable in the execution of his
duty, obstructing police, shortening a shotgun, soliciting, speeding and
taking a motor cycle or pedal cycle without consent.
• Triable either way offences- ABH, affray, assault with intent to resist arrest,
causing GBH, controlling prostitution for gain, dangerous driving, driving
whilst disqualified, having an offensive weapon in a public place, sexual
assault, stirring up racial hatred, theft, threat to kill, unlawful wounding
and violent disorder.

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Youth courts
• No media involvement to protect the child and their identity.
• A lot less formal than adult courts.
• Formal dress must be worn.
• Must have had extra training.
• Maximum hear is 2 years training and detention order.

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Powers of magistrates
• They can issue arrest as long as it’s less than 6 months.
• They can issue fines as long as they are less than £5,000.
• Issue search warrants.
• Warrants for arrest.
• Conduct early administrative hearings.

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Procedure for indictable offences

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Advantages of the magistracy
• An advantage is that magistrates provide a cross-section of society. This is
seen in the 50% gender split. A cross-section of society is good because it
is representative of the people in the community who the defendant has
committed crime against.
• Also, magistrates are not paid- they are volunteers which means they are
a relatively cheap piece of justice.
• There are few appeals in Magistrate courts meaning they are reliable and
a trustworthy piece of justice for our society. So defendants know they are
being treated well in a magistrates court.
• As well as cost, magistrates are very quick and efficient, compared to the
crown court which takes days or weeks, sometimes even months, to be
completed.

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Disadvantages of the magistracy
• Unfortunately, there is not a consistency in the sentencing as Magistrates
are trained at a local level.
• There is sometimes prosecution bias towards police or CPS, or sometimes
people who they feel sorry for like if they are going into the army and a
sentence for jail will mean they cannot join the forces and will be
unemployed.
• Middle class, middle aged and middle Englanders. Even though there is a
50/50 split in genders as a cross-section of society, unfortunately the same
cannot be said about class, age and ethnicity. This means that they will not
have a lot in common with the defendants who appear before them
concluding in an unfair trial.

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Conclusion
• Overall I believe that the overall success of the lay magistrates within the
criminal justice system is proved by the low appeal rate.
• Also, in 2003 2,811 out of 1.9 million were allowed to appeal on decision
or sentencing and only 43 appeals by case state.
• This confirms that although there are problems with using this system it
still works effectively and maintains a vital role in our criminal justice
system.