Lay Magistrates

1. The Local Advisory Committee

   Nota:

   • runs the recruitment process and advise the Lord Chancellor
   1. made up of current and ex magistrates
2. advertised or recommendations

   Nota:

   • some people are brought to the bench by friends/contacts already involved others may see an advert in the media and apply.  Adverts aim to bring in a wider variety of magistrates
3. interviews
   1. 1: skills based

      Nota:

      • interview based on the character and skills of the candidate
   2. 2: scenario based

      Nota:

      • testing the judicial skills and decision making ability of the candidate

1. Courses run by the Judicial College

   Nota:

   • initial training
2. mentoring

   Nota:

   • sit with experienced magistrates 

1. criminal
   1. involved in early process for all crim cases

      Nota:

      • formal charging, extending detention times bail legal aid hearings  
   2. hear 97% of ALL trials
      1. all summary offences and some 'either way'
      2. bench of 3

         Nota:

         • most experienced will be the 'chair' other 2 are called wingers
      3. decide verdict and sentence
         1. maximum sentence 5k fine or 12 months prison
      4. helped by the legal advisor (clerk)
2. civil

1. Age 18-65

   Nota:

   • unlikely to be appointed below 25 due to maturity.  Will not be appointed after 65 but can serve until 70 
2. 6 key qualities

   Nota:

   • Lord Chancellor set out characteristics that mags should have Maturity Communication skills Social awareness Reliability  Good character Integrity 
3. no serious convictions
4. normally live in local area

   Nota:

   • not an absolute rule, but a good guideline
5. able to commit to 26 half days

1. advantage
   1. cheaper than paying judge and jury

      Nota:

      • saves tax payers lots of money
   2. more representative than judges

      Nota:

      • far more women represented much less elite
2. disadvantage
   1. middle aged and middle minded
      1. middle aged

         Nota:

         • tend to be the kind of people whose families have grown and who can spare time rather than those trying to build their careers
      2. middle minded

         Nota:

         • the 'type' attracted to the bench are management grade middle class people again they are the ones who can afford the time AND have the confidence to take on the responsibility
         1. Political bias

            Nota:

            • large majority of mags are Conservative voters. not sympathetic to other views
   2. case hardened

      Nota:

      • because mags see many many small cases as they serve , it is thought that they may lose empathy with defendants
   3. police bias

      Nota:

      • it has been shown that magistrates are biased towards believing/accepting evidence presented by the police, even if it is successfully discredited by the defence

Nota:

• you may need to say why a defendant would prefer to have a magistrates or crown court trial 

1. advantages
   1. cheaper legal representation

      Nota:

      • can use a solicitor or represent yourself easily (the clerk will help you)
   2. less delays

      Nota:

      • your trial will be heard quicker,  lets you get on with your life
   3. lower sentencing

      Nota:

      • magistrates tend to sentence more leniently than the Crown Court for the same offences
2. disadvantages
   1. more likely to be found guilty

      Nota:

      • magistrates are more likely to convict than a jury (possibly because they have seen many many cases and become 'case hardened'.  
   2. less expert representation

      Nota:

      • you won't get a skilled advocate barrister to argue you for you in the magistrates court
   3. less time on remand

      Nota:

      • if you know you are going to found guilty and sent to prison a long delay before trial may be in your favour! Time spent on remand (in prison before your trial) is often spent at far nicer prisons with better conditions than proper prison spending as much of your sentence here is a  GOOD PLAN