to be a magistrate, there is certain criteria one must go through. to be a magistrate you don't have to have any formal qualifications, but they receive training before sitting. They must be between the ages of 18 and 65. The person has to be of reasonably good character, with personal integrity. The person has to have a reasonable level of common sense. They must have the ability to weigh evidence and reach a reasoned decision.. They have to live and work in that area, and have knowledge of the local area and community. They have to be able to work as a team, as they will be working with other people while sitting. And they have to be firm but compassionate, as they should be understanding with defendants, but be able to follow the law and stick to their decisions.
People who aren't eligible to be magistrates are: anyone under 18 or over 65. Someone with a poor character or personal standing. Those who have been previously convicted, or on bail. People who are bankrupt. Those who are serving armed forces. Members of the police, as they could easily influence decisions. Anyone holding a job that may conflict with the role, like a traffic warden, as many cases involve traffic. Anyone with close relatives already serving on the same bench, as they are likely to have the same mindset. Or anyone with a disability that would prevent them being able to carry out their role.
Magistrates sit on a bench of (normally) 3, and are assisted by a Clerk to the Court. Since the enactment of the Crime and Disorder Act 1998, certain pre-trial powers may be exercised by a single magistrate such as changing bail conditions, committing a person for sentence to the Crown Court and case management. In magistrates' criminal role they deal with summery offences and triable either way offences. The maximum sentence that can be imposed by magistrates is a fine of 5000 pounds, or 20000 for businesses, and 12 months of imprisonment. Magistrates decide on application for bail. They decide whether cases should be adjourned. They determine guilt or innocence. They pass sentences on those found guilty. They can commit defendants' to the crown court for sentence if they consider their own sentencing powers insufficient for the case, i.e. if they think the defendant should have a longer sentence or a bigger fine. They enforce financial penalties. They determine the mode of trial for triable either way offences. They can sit in the crown court with a judge to hear appeals from the Magistrates Court. They can also hear cases in the youth court- but there must a be a specially trained magistrate and the youth panel must be composed of at least one male and one female justice of the peace.
There are many advantages of having magistrates. One advantage is said to be the cost. Magistrates are unpaid volunteers, who only get money for loss of earnings and travel. So they are said to be a lot cheaper then District Judges who get 90,000 pounds per year, and magistrates only costing 495 pounds per year. However, in a study by Morgan and Russell it is argued that magistrates can be very expensive indirectly because they are much slower than district judges so more court time is taken up, one professional judge handles as much work as 30 magistrates, magistrates require the support of a legally trained court clerk, and there are admin costs of rotas, training and recruitment are substantial.
Another advantage of magistrates are that they are a part of the community. They are ordinary people, and will have local knowledge and knowledge about the community and be able to relate to cases more than district judges. It is also said that three heads are better than one, magistrates sit on benches of 3, and it is a better chance of reaching a balanced decision.
There are also seen to be some disadvantages of magistrates. One disadvantage is the demographical makeup of the magistrates. the magistrates are mainly made up of white middle class, professional and managerial, middle aged conservative men. Only 4% are under the age of 40 and about 30% of magistrates are in there 60s. The likely reason for this demographical makeup is that these people are likely to have more money, less work commitments, and more time than others. The Auld report observes that it is nearly impossible to have the social composition of magistrates be close to that of the general population, as the problems are very intractable e.g. many have work commitments, or family needed to be taken care of. a number of alternatives have been suggested for securing a more representative magistracy. first to make the role and terms of service of magistrate be more attractive and manageable for more people. Second, the introduction of a system of short term conscription. Third, co-option of citizens. And fourth, an election like how it is in the US.
Another disadvantage of magistrates is that they have inadequate training. Magistrates do not have formal qualifications like district judges so magistrates may become over reliant on the clerk of the court. Another criticism is that magistrates are biased towards convictions, the prosecution and police evidence. Magistrates are often perceived to be pro-police. This may be due to the fact that, as local citizens, sitting in a local court, over the years they become familiar with the local police, and will therefore lean towards the evidence they give. Another criticism is that the magistrates give inconsistent sentencing. Differences in the level of sentencing is prevalent between different geographical areas as well as between magistrates in the same area. DJ's tend to give custodial sentences more than magistrates.
Although there are many criticisms, having lay magistrates is important in the judicial system. They remain an important way of keeping costs down in the criminal justice system. And they are ordinary people with local knowledge and can be understanding to more cases unlike some professional judges. It allows more people to be involved in the courts without having to have formal qualifications. And it allows for cases to have a more balanced decision. They remain an important way of keeping costs down in the criminal justice system.