As judges are high profile and in the public eye any secret personal information that may jeopardize a person's eligibility is also collected, this is important to the legal profession so as not to cause any compromisation. As judges´ behaviour must be seen as impeccable, on appointment they often have to discard their previous friends and lifestyle; this is strong evidence to imply that they are out of touch, as they are quite clearly not leading the life of an ordinary person.Since 1995, instead of being invited to be appointed, adverts are placed for judicial positions in the High Court and below. However, in higher courts the system of appointments still operates. In addition, also in 1995 the Lord Chancellor stated that judicial appointments could now be made regardless of sex, marital status, wealth, sexuality, ethnic origin, religious beliefs and political affiliations. The Courts and Legal Services Act 1990 (CLSA ´90) now means that solicitors are able to get rights of audience in the higher courts through getting a Solicitors Advocate Qualification, thus enabling them to go on to be judges. Eventually it is hoped that this will change the long-established background of judges as it will give rise to opportunities for more women, people from ethnic minorities and those from less privileged backgrounds to join the judiciary.
The background of judges is overwhelmingly unrepresentative of society, as virtually all are from the same backgrounds and upbringings it is likely that they will also share similar opinions and points of view. In 1994 Labour Research carried out a survey into the background of judges and discovered that 80% had been educated at public school. In 1995 80% of judges in the High Court and above went to Oxford or Cambridge Universities, which primarily recruit from public schools. This is beneficial as we want the best people to become judges and the best people attend the best universities. However, it also means that judges are made up of a small social spectrum, predominantly comprised of upper-middle class individuals. Consequently judges can be worryingly unfamiliar with the lives of ordinary people, for example Mr. Justice Harman recently had to have explained to him who Gazza, Oasis and Bruce Springsteen are. There is evidence to show that judges treat crimes such as fraud, which are seen as typically ‘middle-class crimes´, more leniently than they treat others.
Only 1% of the judiciary is from ethnic minorities and in the higher courts all the judges are white, this is severely unrepresentative as in Britain we have a diverse range of cultures and ethnic origins. There is evidence to show that black defendants are more likely to receive custodial sentences for the same offences as white defendants. Unlike some other countries, such as France and Germany, we do not have what is known as a ‘Career Judiciary´; so there are no exams to pass and relatively little training. This means that judges can enter the judicial hierarchy at any point and find themselves trying serious cases and passing life-changing sentences with little or no experience whatsoever. Recently there have been reforms to require judges to receive training in race awareness (i.e. ethnic and cultural differences), dealing with children, the recent Access To Justice Act 1999 reforms and the Human Rights Act 1998.
In the Lord Chancellor´s Department´s Annual Report for 1999-2000 it states that judges will, “respect and have understanding of people (including children) of different backgrounds. They will be sensitive to the influence of different ethnic and cultural backgrounds on the attitudes and behaviours of people whom they encounter in the course of their work. They will convey understanding of and sympathy for the needs and concerns of the court users and be sensitive and humane”. After suggestions about the need to have training regularly throughout judicial careers as well as more at the start, judges are now required to attend refresher courses every five years in order to brush up on existing skills and knowledge and learn about any new legislations or precedent. However, some still argue that this is not adequate and there should be more training provided and required. For example Judge Pickles has recommended that judges should receive more training regarding sociology, psychology, penology, and criminology.
In conclusion the evidence provides a sound argument to show that the judiciary is currently vastly unrepresentative and therefore out of touch with society. Recently there have been several reforms to address this significant issue and move in the right direction to creating a well-balanced and representative judiciary. Only time will tell if they have succeeded.
Magistrates
There are over 30,000 lay magistrates who are also known as Justices of the Peace (JP). They normally sit as part of a bench of three, for at least 26 half days each year. In court, they will be advised on questions of law, practice and procedure by a Magistrates' Clerk (who must have been qualified as a barrister or solicitor for at least five years).
ROLE
Criminal matters
Magistrates' courts dispose of over 95% of all criminal cases. They:
- · Issue warrants for arrest and search;
- · Decide whether a case should be adjourned;
- · Grant applications for bail or remand defendants in custody;
- · In summary trials, determine whether a defendant is guilty or not;
- · Pass sentence on a defendant who has been found guilty;
- · May decide to hear an either-way offence, if the defendant also agrees;
- · Commit defendants convicted of either-way offences to the Crown Court for sentence;
- · Sit in the Crown Court with a judge to hear appeals from Magistrates' courts against conviction or sentence;
- · Sit in the Crown Court with a judge to hear committals for sentence;
- · Enforce financial penalties;
- · Sit in the Youth Court to hear cases involving young offenders aged 10-17.
For a single criminal offence committed by an adult, magistrates' sentencing powers include the imposition of fines, community service orders, probation orders or a period of not more than six months in custody.
Civil matters:
Magistrates hear cases in the Family Proceedings Court and make decisions on a range of issues affecting children and families. For example, making orders for residence of and contact with children.
Magistrates also decide whether to grant certain orders, licences or certificates. For example, liquor licences, permits relating to betting and the registration of gaming clubs.
APPOINTMENT
The Lord Chancellor on behalf of the Queen appoints lay magistrates in England and Wales. In the Duchy of Lancaster the Chancellor of the Duchy of Lancaster appoints them. The procedure is as follows: -
Individuals make an application to the Local Advisory Committee, which consists of magistrates and other local people. People or organisations may also recommend a candidate for appointment. Committees also advertise for magistrates. The Committee will consider if the person has the qualities to serve as a magistrate or is disqualified from being appointed. The Committee will also consider the local bench requirements. Each bench should broadly reflect the community it serves in terms of age, gender, ethnic origin, geographical spread, occupation, political affiliation, and membership of clubs/organisations. The applicant will then be interviewed. The Committee will recommend suitable candidates to the Lord Chancellor.
TRAINING
The Magistrates' Courts' Committee is responsible for each magistrates training. The training programme is not intended to make magistrates proficient in the substantive law that they will be called upon to apply, but rather to assist them in understanding the nature of their duties. Magistrates receive the following training:
Mentors:
Mentors will assist newly appointed magistrates to achieve the four competences expected of magistrates sitting in the adult court. These are: (1) an understanding of the framework in which magistrates operate; (2) an understanding of basic law and procedure; (3) thinking and acting judicially; and (4) working as a member of a team.
Induction course (before sitting)
Sixteen hours' training consisting of:
- Three hours' instruction at Bench level, including the trial system and human awareness;
six hours' observation in court, including at an outside Bench;
six hours' participatory decision-making exercises; and
a one-hour appraisal session by the Clerk.
Basic training (in year one): -
Twelve hours' training covering the main areas of the work they will do, including adjourning cases, bail applications, legal aid, handling guilty and not guilty pleas, sentencing and road traffic offences. They will also visit a prison and a young offenders' institution and receive an introduction to the probation service.
Basic training (in years two and three):
Consist of eight hours' training from a list of topics provided by the Judicial Studies Board.
Refresher training (after three years and every three years):
These twelve-hour refresher courses will include chairmanship training.
Handbook
Magistrates are also issued with a Handbook and a guide to sentencing.
Special training
Specialist training is only provided for magistrates appointed to the Youth Court or Family Proceedings Court.
Human Rights training
Magistrates have also received training on the Human Rights Act 1998, which came into force on 2 October 2000.
Stipendiary Magistrates And District Judges
Stipendiary Magistrates were renamed District Judge (Magistrates' Court) in August 2000.
Stipendiary magistrates are full-time magistrates who sit alone. They will have been qualified as barristers or solicitors for at least seven years and have served as Acting Stipendiary Magistrates for a minimum of two years. They are usually aged between 40 and 55. There are 48 Metropolitan Stipendiary Magistrates who hear cases in London, and 48 Provincial Stipendiary Magistrates who hear cases in magistrates' courts outside London, generally in busy urban areas. The Queen on the recommendation of the Lord Chancellor appoints them. Applications for appointment as Acting Stipendiary Magistrate are made to the Judicial Appointments Group. A panel including a senior Stipendiary Magistrate and a senior official of the Judicial Appointments Group, which advises the Lord Chancellor, interviews selected candidates.
Before sitting alone, successful candidates are asked to sit in for one week with a serving Stipendiary Magistrate, to attend a Judicial Studies Board induction seminar, to visit penal institutions and to meet with a senior representative of the Probation Service. Acting Stipendiary Magistrates sit for two weeks on the first occasion, and at least 20 days a year thereafter. If an Acting Stipendiary Magistrate does not achieve a full-time Stipendiary post within five years, he or she is unlikely to be invited to undertake further sittings. There are 107 Acting Stipendiary Magistrates.
