Magistrates are volunteer judges who preside over 96% of criminal trials in England and Wales. Magistrates can sentence offenders to up to 6 months in prison or a £5000 fine for summary offenses. They also have the power to issue community service orders, suspended sentences, and fines. The typical criminal cases magistrates hear involve minor assaults, driving offenses, theft, drug crimes, harassment and disorderly conduct. In order to become a magistrate, applicants must be of good character, have the ability to make sound judgments, and commit to serving at least 26 half days per year.

1. MAGISTRATES

2. 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.

3. 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.

4. 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.

5. What are the typical cases a
magistrate will hear……

6. 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.

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

8. Theft/Robbery Minor Assaults Burglary
The Typical Criminal Cases a
Magistrate will hear
Minor Drug
offences
Harrasment
Drunk and
Disorderly
Nuisance
behaviour.

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

10. 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.

11. "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)

12. 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

13. So who can become a magistrate?

14. 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

15. GOOD CHARACTER;
Trustworthy, respectful.
SOCIALLY AWARE;
Appreciate and accept the law.
THE 6 KEY QUALITIES
REQUIRED OF A
MAGISTRATE…...
UNDERSTANDING
AND COMMUNICATIVE;
Able to understand
documents, follow evidence
and communicate effectiveLy.
GOOD
JUDGEMENT:
Think logically
and make the
right decision
based on facts.
MATURE AND OF SOUND
TEMPERAMENT; Understanding, aware of peoples
situations, empathy.
COMMITTED AND
RELIABLE; Willing to
serve community, undergo
training and undertake
duties on a regular basis.
(www.gov.org.uk).

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

17. 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.

18. 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).

20. Bibliography
Magistratesassociation.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
http://www.judiciary.gov.uk/about-the-judiciary/judges-career-paths/diversity-gender-age-
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).