Role and Eligibility of Magistrates

Front

What is the role of magistrates in the criminal justice system?

Back

Magistrates are lay people who sit on 97% of all criminal cases in the Magistrates’ Court. They decide a verdict of guilty or not guilty in summary offences and also pass sentence. Their sentencing powers include up to 6 months in custody or a £5,000 fine, with unlimited fines for certain offences. They can also sentence a wide range of community-based orders.

Front

What are some functions of magistrates in the criminal justice system?

Back

Magistrates handle Early Administrative Hearings, Bail applications, and Summary offences, which are minor offences such as traffic offences, minor assaults, and theft. They can also sit in the Crown Court to hear appeals from the Magistrates’ Court.

Front

What is the role of lay magistrates in the Youth Court?

Back

Some lay magistrates are specially trained to deal with offences in the Youth Court for juveniles aged 10-17.

Front

Who assists magistrates in court?

Back

Magistrates are assisted by a legally qualified clerk who advises them on points of law but is not permitted to be involved in the decision making of a case.

Front

What are the eligibility criteria to become a magistrate?

Back

There are no specific qualifications required, but candidates must have the right character, which includes 6 key qualities. They must be aged 18-65 and retire at 70. Some disqualifications include having a serious criminal conviction or being an undischarged bankrupt. A commitment of 13 days per year is required.

Front

How are magistrates selected and appointed?

Back

The Local Advisory Committee selects and appoints magistrates. Names can be put forward by anyone, and adverts are used. Candidates are interviewed, and names are put forward to the Lord Chief Justice.

Front

What training do magistrates receive?

Back

Magistrates receive training from the Judicial College and the Magistrates Commission Committee, focusing on equality, skills, mentoring, and appraisals. They also visit prisons and the Probation Service.