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What are the advantages of What are the advantages of using lay people in the using lay people in the magistrates court when magistrates court when

dealing with criminal dealing with criminal convictions. convictions.

What are the advantages What are the advantages of using lay people in the of using lay people in the

Crown CourtCrown Court

Lay magistrates Lay magistrates

RevisionRevision

Powers of a singles lay Powers of a singles lay magistratemagistrate

Issue search warrantsIssue search warrants Warrants for arrestWarrants for arrest Conduct early administrative Conduct early administrative

hearings. hearings.

3 Lay magistrates 3 Lay magistrates

Under section 16(3) of the Justices Under section 16(3) of the Justices of the Peace Act 1979 3 lay of the Peace Act 1979 3 lay magistrates have the same power as magistrates have the same power as that of a district judge. that of a district judge.

Sit on a panelSit on a panel Chairperson – has more experience and has Chairperson – has more experience and has

gone through more training (managing gone through more training (managing judicial decision making – focuses on judicial decision making – focuses on working with legal advisor, managing the working with legal advisor, managing the court and ensuring effective, impartial court and ensuring effective, impartial decision making.)decision making.)

2 Wingers. 2 Wingers.

Explain the training which Explain the training which lay magistrates have to go lay magistrates have to go

throughthrough

The trainingThe training All have to go through training,All have to go through training,

Section 19 (3) of the Courts Act 2003 set out statutory Section 19 (3) of the Courts Act 2003 set out statutory obligation on the Lord Chancellor to provide training and obligation on the Lord Chancellor to provide training and training materials. training materials.

This is supervised by the Magistrates’ Committee of the This is supervised by the Magistrates’ Committee of the Judicial Studies Board.Judicial Studies Board.

Training takes place Training takes place In local areas In local areas Via the courts clerkVia the courts clerk Weekend courses organised by local universities.Weekend courses organised by local universities.

Although the Judicial Studies Board do identify that training Although the Judicial Studies Board do identify that training needs to collaborate locally and NATIONALLY where needs to collaborate locally and NATIONALLY where appropriate.appropriate.

Training of the Youth and family panel chair person will be Training of the Youth and family panel chair person will be delivered nationally due to the fact that there is fee chair delivered nationally due to the fact that there is fee chair people in this area therefore it would not be cost effective to people in this area therefore it would not be cost effective to run them locallyrun them locally

The training in detailThe training in detail

In 1998 the Magistrates New In 1998 the Magistrates New Training Initiative was Training Initiative was introduced (MNTI 1)introduced (MNTI 1)

In 2004 this was refined by the In 2004 this was refined by the Magistrates National Training Magistrates National Training Initiative (MNTI 2) Initiative (MNTI 2)

New magistrates trainingNew magistrates training

Initial introductory training – Initial introductory training – understanding the bench, understanding the bench, administration of court and the roles administration of court and the roles and responsibilities within the court.and responsibilities within the court.

Core training – this provides the new Core training – this provides the new magistrates to acquire and develop magistrates to acquire and develop key skills, knowledge and key skills, knowledge and understanding.understanding.

Activities – observations of courts Activities – observations of courts and visits to places such as prison. and visits to places such as prison.

New Magistrates in court – New Magistrates in court – first 2 yearsfirst 2 years Between 8 – 11 of the sessions will be Between 8 – 11 of the sessions will be

mentored. mentored. Expected to attend around seven training Expected to attend around seven training

sessions. sessions.

After two years or when the magistrate is After two years or when the magistrate is seen to be ready an appraisal will take seen to be ready an appraisal will take place. place.

If a person can not show that the have acquired If a person can not show that the have acquired the competencies will be given extra training.the competencies will be given extra training.

If after extra training they are seen to still not If after extra training they are seen to still not have the required competencies then they are have the required competencies then they are referred by the Local Advisory Committee to the referred by the Local Advisory Committee to the Lord Chancellor to advise them to be removed Lord Chancellor to advise them to be removed from sitting. from sitting.

Continua's Training for Lay Continua's Training for Lay Magistrates – ALL Magistrates are Magistrates – ALL Magistrates are appraised every 3 yearsappraised every 3 years

The four areas of competence that they The four areas of competence that they are trained in:are trained in:

Managing yourself – preparation for Managing yourself – preparation for court, conduct in court and ongoing court, conduct in court and ongoing learning.learning.

Working as a member of the team – Working as a member of the team – team decision making.team decision making.

Making Judicial Decisions – impartial Making Judicial Decisions – impartial and structured decisions. and structured decisions.

Managing judicial decision making – Managing judicial decision making – (chairperson only)(chairperson only)

Explain the retirement and Explain the retirement and removal of lay magistrates. removal of lay magistrates.

RetirementRetirement

Aged 70Aged 70 Names are placed on a Supplement Names are placed on a Supplement

List – (ability to continue List – (ability to continue administrative duties, usually signing administrative duties, usually signing documents. documents.

Lay magistrates can resign from Lay magistrates can resign from office before they are 70. office before they are 70.

Removal Removal

Section 11 of the courts Act 2003 Section 11 of the courts Act 2003 gives the Lord Chancellor power to gives the Lord Chancellor power to remove a lay magistrate for the remove a lay magistrate for the following reasons:following reasons:

Incapacity or behaviour – 10 such removal Incapacity or behaviour – 10 such removal per year (committed a crime)per year (committed a crime)

Persistent failure to meet standards of Persistent failure to meet standards of competence.competence.

Declining or neglecting to take a proper part Declining or neglecting to take a proper part in the exercise of their functions as a justice in the exercise of their functions as a justice of the peace. of the peace.

New MagistratesNew Magistrates

After their two years training if After their two years training if they no not identify core they no not identify core competencies and when extra competencies and when extra training is given then the Local training is given then the Local Advisory Committee can advise Advisory Committee can advise them to be removed from sitting. them to be removed from sitting.

In the pastIn the past

Removal in the past has been Removal in the past has been made for Transvestite made for Transvestite behaviour.behaviour.

This was largely criticised and This was largely criticised and would not be take place in would not be take place in today’s society. today’s society.

Outline the criminal Outline the criminal jurisdiction of magistrates jurisdiction of magistrates within the English legal within the English legal

system. system.

Duties of lay magistratesDuties of lay magistrates Deal with 97% of all criminal cases in the magistrates Deal with 97% of all criminal cases in the magistrates

court.court. Deal with preliminary hearings for the other 3 %.Deal with preliminary hearings for the other 3 %.

early administrative hearingsearly administrative hearings Remand hearingsRemand hearings Bail applications (Bail Act 1976)Bail applications (Bail Act 1976) Transfer proceedings Transfer proceedings Legal Aid applications Legal Aid applications

They hear the caseThey hear the case Take legal advise from the qualified clerk (section 28(3) Take legal advise from the qualified clerk (section 28(3)

of the Justices of the peace Act 1979 states that the of the Justices of the peace Act 1979 states that the legal clerk give advice about law, practice or procedure) legal clerk give advice about law, practice or procedure)

Discuss and come to an impartial decision with other Discuss and come to an impartial decision with other members of the bench.members of the bench.

Deliver the verdict.Deliver the verdict. Decide and deliver the sentencing which in an adult Decide and deliver the sentencing which in an adult

court can not be more that 6 months imprisonment court can not be more that 6 months imprisonment and/or £5,000 maximum fine.and/or £5,000 maximum fine.

Youth CourtYouth Court

In Youth Court (10-17) (only In Youth Court (10-17) (only offence not to be tried here is offence not to be tried here is murder). Not as formal as an murder). Not as formal as an adults courtadults court

Must have had extra training.Must have had extra training.

Maximum hear is 2 years Maximum hear is 2 years training and detention order. training and detention order.

AppealsAppeals

Sit with a circuit judge in Crown Sit with a circuit judge in Crown Court to hear appealsCourt to hear appeals

Describe how lay Describe how lay magistrates are appointedmagistrates are appointed

Applications – go to the Local Applications – go to the Local Advisory Committee (maximum of Advisory Committee (maximum of 12 members)12 members)

Apply to Local Advisory Committee Apply to Local Advisory Committee or be nominated by local political or be nominated by local political

parties or trade unions etc. parties or trade unions etc.

Advertisements have been used in local Advertisements have been used in local papers and via other media. In Leeds a radio papers and via other media. In Leeds a radio station has been used. station has been used.

They like to receive applications from a wide They like to receive applications from a wide spectrum of society. spectrum of society.

QualificationsQualifications

The current procedure is set for The current procedure is set for selection and appointment out within selection and appointment out within the the Justices of the Peace Act 1979.Justices of the Peace Act 1979.

Aged between 18 and 65Aged between 18 and 65 – used to – used to be 27 but this was reduced to 18 in be 27 but this was reduced to 18 in 2003. In September 2006 a 19-year 2003. In September 2006 a 19-year old law student was appointed to the old law student was appointed to the bench in North Yorkshire. bench in North Yorkshire.

QualificationsQualifications

In 1998 Lord Chancellor set out six key In 1998 Lord Chancellor set out six key qualities.qualities.

Good characterGood character Understanding and communication.Understanding and communication. Social awareness.Social awareness. Maturity and Sound temperament.Maturity and Sound temperament. Sound judgementSound judgement Commitment and RealiabilityCommitment and Realiability

QualificationsQualifications

Area – in 2003 the Courts Act Area – in 2003 the Courts Act abolished the 15 mile radius, abolished the 15 mile radius, now they must work or live now they must work or live within or near the local justice within or near the local justice area.area.

Commitment – sit at least 26 Commitment – sit at least 26 half days each year.half days each year.

Excluded from appointmentExcluded from appointment

Serious criminal convictionsSerious criminal convictions Undischarged bankruptsUndischarged bankrupts Police officersPolice officers Armed forcesArmed forces Hearing impaired. Hearing impaired.

SelectionSelection

References are checkedReferences are checked Short list drawn upShort list drawn up

Interview 1Interview 1 Identifies 6 key qualitiesIdentifies 6 key qualities Explore candidates attitudes on various criminal Explore candidates attitudes on various criminal

justice issues such as drink drivingjustice issues such as drink driving

SHORTLISTEDSHORTLISTED

Interview 2Interview 2 Testing candidates potential judicial aptitude by a Testing candidates potential judicial aptitude by a

discussion surrounding two cases.discussion surrounding two cases. A number of judging and sentencing exercisesA number of judging and sentencing exercises

Selected Selected

Candidates who are selected by the Candidates who are selected by the Local Advisory Committee are then Local Advisory Committee are then nominated by them to the Lord nominated by them to the Lord Chancellor who will usually appoint Chancellor who will usually appoint them. them.

Before sitting in court , newly Before sitting in court , newly appointed magistrates are required appointed magistrates are required to attend an extensive 2 year training to attend an extensive 2 year training and mentoring programme organised and mentoring programme organised by the Judicial Studies Board. by the Judicial Studies Board.

Consider the advantages Consider the advantages and disadvantages of using and disadvantages of using

lay magistrates in the lay magistrates in the Criminal CourtCriminal Court

AdvantagesAdvantages

Cross section of societyCross section of society 50% gender split50% gender split 8.5% ethnic minority8.5% ethnic minority

Local knowledgeLocal knowledge CostCost Speed – quicker than Crown CourtSpeed – quicker than Crown Court Improved Training – not amateursImproved Training – not amateurs Legal Advisors – since 1999 all clerks have to be Legal Advisors – since 1999 all clerks have to be

legally qualified, in addition anyone under 40 years legally qualified, in addition anyone under 40 years of age must qualify within 10 years.of age must qualify within 10 years.

Few Appeals – most are made regarding Few Appeals – most are made regarding sentencing, not decision. In 2003sentencing, not decision. In 2003

Only 96 appeals by way of case stated. Only 43 Only 96 appeals by way of case stated. Only 43 allowed. allowed.

2,811 appeal out of 1.9 million for decision/sentence 2,811 appeal out of 1.9 million for decision/sentence appeals.appeals.

DisadvantagesDisadvantages

Middle aged, middle class.Middle aged, middle class. Inconsistency in sentencingInconsistency in sentencing Reliance on the clerkReliance on the clerk Prosecution biasedProsecution biased Training – variesTraining – varies

ConclusionConclusion

Overall I believe that the overall success of the lay Overall I believe that the overall success of the lay magistrates within the criminal justice system is magistrates within the criminal justice system is proved by the….proved by the….

Low success rates of appealLow success rates of appeal

In 2003 In 2003 2,811 out of 1.9 million were allowed to appeal on 2,811 out of 1.9 million were allowed to appeal on

decision/sentencingdecision/sentencing 43 appeals by case state.43 appeals by case state.

This confirms that although there are problems with This confirms that although there are problems with using this system it still works effectively and using this system it still works effectively and maintains a vital role in our criminal justice system. maintains a vital role in our criminal justice system.