Explain (a) the process of selecting magistrates and (b) the work that they carry out in the courts. How effective do you consider their role to be in the Judicial System?

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Kiah Estwick

AS Level Law

Legal Personnel

Magistrates

'Magistrates are members of the public who come from the communities they serve'

Explain (a) the process of selecting magistrates and (b) the work that they carry out in the courts. How effective do you consider their role to be in the Judicial System?

        Magistrates (aka Justices of the Peace) as well as juries, are an example of where lay person are directly involved in the administration of justice. Magistrates volunteers who are not paid, but get reimbursements for travel and loss of earnings. There are approximately 30,000 lay magistrates in England and Wales. They have some role to pay in civil matter like family law, but it is mostly Criminal cases they are involved with. Magistrates deals with over one million cases per year, and 95% of those cases are criminal. The importance of their role has been increased by the number of either way offences being downgraded to summary offences. there is a basic requirement that each magistrate needs to be available to sit 26 days and up to 35 half day sittings a year.

        Lay Magistrates are appointed by the Lord Chancellor on behalf of the Monarch, on the advice of the local advisory committee.  the advisory committee is mainly made up of magistrates, so there is local knowledge. Candidates usually apply to become magistrates, either in response to advertisements, or directly to the secretary of a local advisory committee or to the ministry of justice. after this there are at least two interviews before the advisory committee.

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        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 ...

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