Distinguish between a lay magistrate and a district judge (magistrate's court) and describe how each is appointed.

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Frances Fish

(a) Distinguish between a lay magistrate and a district judge (magistrate’s court) and describe how each is appointed.

Although lay magistrates and district judges do a very similar job there are many differences between how they work, their qualifications and employment. Lay magistrates, otherwise known as Justice of the Peace sit in magistrate’s courts, generally in groups of three, whereas district judges usually sit alone. They have the same powers as a bench of 2 magistrates. They do not sit alone in the family court. In 1999 there were 90, of whom about 20% were women, whereas there are an almost equal number of men and women magistrates. District judges sit in London and larger cities and occasional assist local benches and Lay magistrates sit throughout the country in towns.

District Judges are members of the professional judiciary who are legally qualified and salaried, working full time whereas the lay magistrate are not paid, and work part time,  but may claim expenses and an allowance for loss of earnings. The Lord Chancellor requires that a magistrate should sit for at least 26 ½ days each year and endeavour to be available to sit up to 35 ½ days each year. They come from all walks of life and do not usually have any legal qualifications and are advised by qualified clerks.

District judges have practised for at least 7 years as a barrister or a solicitor. One way to become a solicitor is have ‘A’ levels and go onto a Law degree then do 1 year on a legal practice course, then do a  2 year training period. One way to be a barrister is to do  a Law degree then become a member of an Inn court and dine at the Inn or attend weekend courses, then do a 1 year vocational training course before being called to the bar, then do 2 x 6 months pupillage. No formal qualifications are required for a lay magistrate, but they need intelligence, common sense, integrity and the capacity to act fairly.

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 Lay magistrates are appointed by the Lord Chancellor (on behalf of the Queen) on the recommendation of the 100 local advisory committee which interviews candidates, who in turn are usually put forward by the local political parties. Membership of these committees is kept secret and the process is not made public. District judges are also appointed by the Lord Chancellor and are appointed from those who have held advocacy qualifications for seven years.

To be a magistrate, you must live or work within 15 miles of the area to which you are appointed. A candidate for appointment ...

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