Explain how lay magistrates and district judges are selected and appointed.

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Sahira Butt

A) Explain how lay magistrates and district judges are selected and appointed

Lay magistrates are ordinary people who have no legal qualifications that serve on as part of a bench in the magistrate's court. If the English legal system were based just around professional judges then the whole justice system would deteriorate. This is why Lay Magistrates, also called Justices of the Peace or Lay Justices, are employed. There are currently 30000 magistrates who volunteer to work.

There are approximately 1600 Lay Magistrates appointed each by the Lord Chancellor on recommendation of the Advisory Committee set out in the adapted Justices of the Peach Act 1997. There are over 100 Advisory Committees around the England and Wales that recommend names to the Lord Chancellor who formally appoints them through a letter. This shows that the Lord Chancellor relies a lot on the Advisory Committees because they have the local knowledge needed and the ability to asses and interview potential Lay Magistrates locally. In the Advisory Committee there should be at least 12 members and at least one person in the committee should be from each major political party and some members who should be politically independent. Also one third of the committee should not be Lay Magistrates meaning that they will have to have some legal qualifications. The names of potential Lay Magistrates can be put though by anyone but most of the time they are put forward via the different political parties, trade unions or businesses. There are also adverts in local papers which are aimed at ethnic minorities.

People who are not eligible to become Lay Magistrates are bailiffs and CPS employees because they will have some legal qualifications. Others that are not eligible are members of the forces, serving police officers and store detectives because sometimes the cases can last from anything up to a month. In those jobs you might be called up to do something whist on a case which would mean that there was one less magistrate on the bench and therefore limiting your chances of a fair trial. The major qualification to become a Lay Magistrate is not to have a qualification in law. Applicant must be between 21 and 65 but applicant under 27 is not considered. This is a criticism of the selection procedure because the government wants to have younger people as Lay Magistrates but you have to be 27 so the government is being hypocritical. Also you have to lie 15 miles within the commission are as stated in the Justices of the Peace Act 1997. Lay Magistrates are required to sit on the bench at least 26 half days but in theory most Lay Magistrates sit on the bench for 35 half days. Employers have to let people take time off for Magistrate business but they do not have to pay them. But Magistrates can claim lost earnings back but at a minimum wage.

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In 1998 the Lord Chancellor has new directions to the Advisory Committees in attempt to standardise the Lay Magistrates selection process. There are six key qualifications that must be taken into consideration when assessing a potential Lay Magistrate. A Lay Magistrate must possess good character. This is personal integrity and the respect and trust of others, respect for confidences. Also the potential candidate must possess good understanding and communication. This is the ability to understand documents, identify and comprehend relevant facts, and follow evidence and arguments. Another factor that is taken into account is social awareness. This is the appreciation ...

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