Lay Magistrates

Lay Magistrates

(a). There are over 30,000 lay magistrates who are also known as

Justices of the Peace (JP). They deal with the vast majority of cases

in the legal system. They work part – time, however they are

unqualified and unpaid. They sit in the bench of panel of two and

three magistrates, and the use of unqualified judges, is open to

criticism.

Lay magistrates must be aged between twenty-seven and sixty-five when

they are appointed and sit at least half days, twenty-six days a year,

and must live fifteen miles of the commission area. They are

appointed by local advisory committees, which consists of groups, such

as the local political parties, trade unions etc. Their names are put

forward and are interviewed by the committee. The candidates who are

believed to be suitable are then passed on to the Lord Chancellor,

whom then has the final decision. He may not necessarily appoint all

names forwarded.

The new magistrates selected are issued with forty hours training,

which spreads over three years. The training is enforced not to make

magistrates proficient in the law, but give them an understanding of

their duties, which they have to maintain.

(b). “Lay magistrates are the workhorses of the English legal system.”

Despite being unqualified and unpaid they deal with a great deal of

cases in the legal system. Lay magistrates tend to be middle-class,

middle-aged and middle-minded and will have little in common with the

young working-class defendants, who make up the majority of the

defendants.

While it is argued that they do not hear cases on their own, their

workload is over whelming. They sit on as a bench of two or three

magistrates, and their main function is to try minor criminal cases,

as well as some civil function.

The criminal cases they trial include:

§ Trying all summary offences.

§ Trying either way offences, which are suitable for magistrates.

§ Deciding issues such as whether to grant bail or a warrant of