The Work of the Magistrates Court and Magistrates

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The Work of the Magistrates Court and Magistrates

        In the legal system there are many different types of courts. This essay talks about the Magistrates Courts and the Magistrates themselves. The office of magistrate dates back to the 12th century when Richard 1 appointed “keepers of the peace”. They have performed judicial functions since the 13th century and the term, justice of the peace was being used as far back as 1361. Magistrates were in charge of the police up until 1839. Paid magistrates have existed since the late 18th century and they have had to be legally qualified since the mid 19th century, when it was decided they must be barristers.

        Lay magistrates in England and Wales, except in the Duchy of Lancaster, are appointed by the Lord Chancellor on behalf of the Sovereign. Candidates are recommended to the Lord Chancellor for appointment by his local advisory Committees. These consist of magistrates and other local people. The Lord  Chancellor will consider a candidate’s personal suitability for appointment regardless of ethnic origin, gender, marital status, political affliction, religion or (depending on the physical requirements of the office) disability.

        Preparation for becoming a magistrate involves induction evenings, training days and visits to prisons and young offenders institutions. It may take two years to be vetted, approved, trained and sworn in but to become the chair, they will need at least five years experience.

        On appointment, magistrates are required to swear, or affirm, that they :

‘Will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.’ And that they ‘will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of  Justice of the Peace, and will do right to all manner of people after the laws and usages of this realm without fear or favour, affection or ill will.

        There are five key qualities that are looked for in those applying to be magistrates, these are, understanding and communication, sound judgement and commitment, maturity and sound temperament, social awareness and reliability. They must also possess a good character and personal integrity.

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        Before applying to become a magistrate you must visit a magistrates court when it is in sitting, at least once. If an applicant is employed, they must establish with their employer that they will be allowed to take a reasonable amount of time off work, to undertake the duties of a magistrate.

        Magistrates are not professional lawyers, in fact they may have little or no legal knowledge as they will receive training before and after their appointment. Also a court clerk always sits with the bench to advise them on relevant aspects ...

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