Distinguishing between a Lay Magistrate and a Stipendiary Magistrate.

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Distinguishing between a Lay Magistrate and a Stipendiary Magistrate.

Introduction: -

Magistrates sit on a bench in the magistrates' court and hear around 98% of all criminal cases. Many Magistrates' deal with summary offences including, driving without insurance and common assault. The Magistrates listen to the case in hand, and then have to decide weather the defendant is guilty or not guilty. They have to come up with a suitable punishment for a guilty plea aswell.

There are two types of magistrates, lay magistrates and stipendiary magistrates. Lay magistrates are also known as Lay Justices or Justices of the Peace (JPs).

Lay Magistrates are the more common type of magistrates. Lay magistrates give their time on voluntary, although expenses can be paid (under the Justices of Peace Act 1979). There are over 60,000 lay magistrates in England and Wales. In order to become a lay magistrate, there are number of criteria that need to be fulfilled. The first criteria which lay magistrates are required to meet is that they must be between the ages of 21 and 60 (although plans to extend this margin to 65 years are being put forward by some Lord Chancellors,