How lay magistrates appointed?:There are approximately 29,000 Lay Magistrates in England and Wales .(In 2005 there were 28,253 Lay Magistrates) They are unpaid volunteers and they work part time - 26 half days per year. Lay Magistrates are appointed by the Secretary of State for Constitutional Affairs and the Lord Chancellor on the advice of the Local Advisory Committees.Lay Magistrates do not need to have any formal legal qualifications. There are however some requirements which were set out by the Lord Chancellor in 1998. These are known as the six key qualities, and are as follows;
good character
understanding and communication
social awareness
maturity and sound temperament
sound judgement
commitment and reliability
There are some other more formal requirements;
be aged between 18 - 65
be prepared to sit for at least 26 half days per year
have no serious criminal record
not be an undischarged bankrupt
not be a member of the armed forces
Advantages & Disadvantages of using Lay Magistrates
Advantages:
Local Knowledge - Lay Magistrates come from the local area and therefore have local knowledge which will help them make fairer decisions in the court.
Lack of Bias - Having a bench of three Magistrates avoids bias and gives a balanced view.
Gender Balance - Lay Magistrates come from a wider cross section of society than professional judges. In particular there is greater gender balance with 49% of Lay Magistrates being female.
Saves Money - Lay Magistrates are only paid expenses saving the tax payer money.
Saves Time - Lay Magistrates act as a filter meaning only the most serious cases are heard in the Crown Court.
Disadvantages
Prosecution Bias - Conviction rates in the Magistrates' Court are much higher than the Crown Court.
Too Middle Class - The middle classes are over represented on the bench. Far too few working class people have the time to become Lay Magistrates.
Inconsistency - Sentences vary greatly between different Magistrates' Courts and even between different Lay Magistrates in the same court. There are also inconsistencies in the granting of bail.
Over Reliance on the Clerk - Lay Magistrates have little legal knowledge and rely too heavily on the Clerk of the Court.
