Lay magistrates have a fairly wide discretion as to the sentence they select in each case although they are subject to certain restrictions. Magistrates can only impose a maximum sentence of six months imprisonment for one offence, the Criminal Justice Act 2003 allows this to be increased to twelve months, and a maximum fine of £5000.
In theory lay magistrates are volunteers, who sit as a bench of two or three in the magistrates court overseeing either summary or triable either way offences, the size of the pannel has been limited to a maximim of three, whereas before in 1996 there could be up to seven magistrates sitting together to hear a case. Unlike other members of the judiciary, their role and functions have limitations. As individuals, lay magistrates may authorise search and arrest warrants, but mainly their functions are performed as a bench of three. This may include hearing applications for bail or be in charge of committal proceedings. In trial, they decide the facts, the sentence and the law, though the concluding is under the advice of the justice's clerk.
The clerk otherwise known as the legal adivisor has to be qualified as a barrister or solicitor for at least five years. The clerk’s duty is to guide the magistrates on the question of law, practice and procedure. The clerk can not assist in the decision making and should not normally retire with the magistrates when they make their discisions. Clerks deal with ruotine admistrative matters such as issuing warrents for arrest, extend poilce bail, adhourn criminal procedings and deal with Early Adminisitrative Hearings.
As lay magistrates perform an important role by being in charge over the vast majority of criminal cases, they enjoy the same advantage of immunity from suit as the rest of the judiciary as highlighted in Waltham Forest (1986) whereby the Court of Appeal held that a lay magistrate cannot be sued for acts of negligence whilst acting within his judicial powers. However, inability to perform their role accordingly may result in removal from office under the powers wielded by the Lord Chancellor.
b) Consider whether lay magistrates are adequately trained for their work
For centuries the criminal justice system has allowed a lay body to assist in administering justice to the civilian population. The training of lay magisitratesis supervised by the Magistrate’s Committee of the Judicial Studies Board, which draws up a syllabus of topics which lay magisitrates must cover in their training. In 1998 the magisitrates New Training Initiative was introduced, the frame work of training is devided into four areas but I will only meantion 3 which are: Managing yourself – this focuses on some of the basic asspects of self management in realtion to prepearing for court, conduct in court and ongoing learning. Working as a member of a team –this focuses on the team aspect of discision making in the Magistrates court. Making judicial discisions – this focuses on impartial and structured discision making. Training for new magistrates are divided into three parts which are: Initial introductory training – this covers such matters as understanding the orgainisation of the bench and the administration of the court and the roles and responsiblities. Core training – this provides the new magistrate with the opportuntiy to gain and develop new skills, knowledge and understanding and lastly Activities – these will involve observations of court sittings and visits to establishment such as prison or a probation office. Additionally, lay magistrates may extend their initial three-day training course, so as to sit in the Youth court to direct trials involving young offenders. Furthermore, their role may extend to the appellate courts, in dealing with criminal appeals from the magistrates court. Here, in the Crown court, they sit with either a Circuit Judge or a Recorder again with equal voting rights as the judge though excluding any matters concerning law.
In view of the above I would say that Lay magistrates are adequately trained for their work. Firstly they are not just people with no common sense, they have to have a certain standard of good education. They are given hands on training in understanding and orgainsation they are allowed to develop new skills, they are trained how to do observations of court sittings and they have visits to prisons and probation offices where they can gain first hand experience. The system does not jus allow them to practice without first going though a probationary period. They are also mentioned thoughout this period so if a person did not make the grade they would be disqualified before training was completed. So referring back to the question above, I think yes lay magistrates are adequately trained for their work.
Dominique Howe Ann Hawthorne 7th
