Lay Magistrates Gemma Williams
In the courts of England and Wales, magistrates hear prosecutions for and dispose of summary offences, by making orders in regard to and placing additional requirements on offenders. Magistrates' sentencing powers are limited, but extend to shorter periods of custody (maximum of twelve months), fines, and community orders which can include requirements to perform unpaid work up to 300 hours or supervision up to 3 years and or a miscellany of other options. Magistrates hear committal proceedings for certain offences, and establish whether sufficient evidence exists to pass the case to a higher court for trial and sentencing. Magistrates have power to pass summary offenders to higher courts for sentencing when, in the opinion of the magistrate, a penalty greater than can be given in magistrates court is warranted. A wide range of other legal matters are within the remit of magistrates. In the past, magistrates have been responsible for granting licences to sell alcohol, for instance, but this function is now exercised by local councils though there is a right of appeal to the magistrate's court. Magistrates are also responsible for granting search warrants to the police, therefore it is usually a requirement that they live within a certain distance of the area they preside over in case they are needed to sign a warrant out of hours. (The Official Secrets Act 1911.)
The part played by lay magistrates in the judicial system of England and Wales can be traced back to the year 1195. In that year Richard 1 commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King for ensuring that the law was upheld; they preserved the 'King's Peace' and were known as Keepers of the Peace. Before 1835, justices in towns were appointed in accordance with rights granted by charter. The Municipal Corporations Act 1835 provided for them to be nominated by the Lord Chancellor for the boroughs in consultation with local advisers, while, for the county benches, he continued to confirm the nomination of the Lord Lieutenants, who had their own methods for finding suitable candidates. The appointment of both was vested in the Crown acting on the Lord Chancellor's advice. The exception to the rule was Lancashire, where both county and borough magistrates were nominated by the Chancellor of the Duchy.
In the courts of England and Wales, magistrates hear prosecutions for and dispose of summary offences, by making orders in regard to and placing additional requirements on offenders. Magistrates' sentencing powers are limited, but extend to shorter periods of custody (maximum of twelve months), fines, and community orders which can include requirements to perform unpaid work up to 300 hours or supervision up to 3 years and or a miscellany of other options. Magistrates hear committal proceedings for certain offences, and establish whether sufficient evidence exists to pass the case to a higher court for trial and sentencing. Magistrates have power to pass summary offenders to higher courts for sentencing when, in the opinion of the magistrate, a penalty greater than can be given in magistrates court is warranted. A wide range of other legal matters are within the remit of magistrates. In the past, magistrates have been responsible for granting licences to sell alcohol, for instance, but this function is now exercised by local councils though there is a right of appeal to the magistrate's court. Magistrates are also responsible for granting search warrants to the police, therefore it is usually a requirement that they live within a certain distance of the area they preside over in case they are needed to sign a warrant out of hours. (The Official Secrets Act 1911.)
The part played by lay magistrates in the judicial system of England and Wales can be traced back to the year 1195. In that year Richard 1 commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King for ensuring that the law was upheld; they preserved the 'King's Peace' and were known as Keepers of the Peace. Before 1835, justices in towns were appointed in accordance with rights granted by charter. The Municipal Corporations Act 1835 provided for them to be nominated by the Lord Chancellor for the boroughs in consultation with local advisers, while, for the county benches, he continued to confirm the nomination of the Lord Lieutenants, who had their own methods for finding suitable candidates. The appointment of both was vested in the Crown acting on the Lord Chancellor's advice. The exception to the rule was Lancashire, where both county and borough magistrates were nominated by the Chancellor of the Duchy.
