Directed Study - Lay Magistrates.

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James Bellis

Directed Study - Lay Magistrates

Lay Magistrates – or Justices of the Peace – Have been an important part of our legal system for hundred of years. They deal with approximately 98% of all criminal cases.

        a) Describe the selection, Training and role of lay magistrates.

b) Discuss the advantages and disadvantages of using lay magistrates in the English legal system.

a) Every Year approximately 1500 lay magistrates are appointed, These people are appointed by the lord chancellor apart from in Lancashire where they are appointed by the Chancellor for the Duchy of Lancaster, on behalf of the queen. The Lord Chancellor depends on recommendations by the local advisory committee a method that is criticized often. Because the membership of the committees used to be secret but have been published since 1993, the committees are usually made up of ex-justices of the Peace, the county’s lord lieutenant is usually the chairman. Half the members of such committees have to retire every three years; the maximum number on a committee is 12 and must be a mixture of magistrates and non-magistrates.

        Potential candidates can be recommended by anyone, one can also put ones own name forward to be considered, but names are usually put forward by groups such as political parties, trade unions and chambers of commerce. Committees have also put adverts in newspapers to try and get as wide a range of possible candidates as possible, in Leeds radio advertisements have been used to encourage people to come to Magistrates court open days. There is an intention to get a panel that is as representative of the population as possible. In 1966 the Lord Chancellor gave a directive to try and get a balance of peoples political allegiances in order to try and get a representative panel of the population this caused a stir at the time as it could cause positive discrimination to come into play. Now Lord Irvine (current Lord Chancellor) is attempting to find a good way to find a good social balance on panels, although he has concluded that for the moment political balance is still the most practical method available. An occupational balance is also currently looked upon by using 11 broad bands of occupations, it has been recommended that no more than 15% of panels should come from the same band. The committees will interview candidates and submit the names of suitable candidates to the Lord Chancellor. Once appointed Magistrates may sit till they are 70.

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        The Magistrates Committee of the Judicial Studies Board conducts magistrates Training. A syllabus has been constructed to tell lay magistrates what they have to cover when training, this training is carried out in local areas due to the large numbers of magistrates. 1998 saw the introduction of the law magistrates new training initiative this indicated 4 basic competencies in: an applied understanding of the framework within magistrates operate, an ability to follow basic law and procedure, an ability to think and act judicially, an ability to work as an effective member of a team. New Magistrates keep a log of ...

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