Exam (elaborations)
The selection process of lay magistrates .
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This is an OCR style exam question and answer under the new specification for OCR law h418/01.
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Describe the selection process of Lay magistrates (8 marks)Lay magistrates are a type of lay person, the other being juries. There are approximately 22,000
lay magistrates sitting in the Magistrates and Crown Court and are also known as Justices of
Peace.
They usually sit as a bench of 2-3 and collectively are known as the magistry. They all have
equal responsibility in the decision making process, but the chairman is the one who speaks on
behalf of all of them.
In order to become a lay magistrate, candidates must meet the following formal requirements:
● They must be aged 16-65 (Can sit up to 70 years old)
● Commitment - they must be available for either 13 full days or 26 half days
● They are expected to live near/in local justice area
Some people are not eligible for appointment such as people with serious criminal convictions,
or those who are police officers or traffic wardens.
The candidates do not need to have any legal qualifications but must meet some personal
requirements. In 1998, Lord Chancellor (Lord Irwin) set out six qualities that must be met:
1. Good character
2. Understanding and communication
3. Social awareness
4. Maturity and sound temperament
5. Sound judgment
6. Commitment and reliability
Approximately 700 new magistrates are appointed each year. The body in charge of the
selection is the Local Advisory Committee (LAC) who then passes the names onto the Senior
Presiding Judge (currently Sir Adrian Fulford). Anyone can apply to become a magistrate, and in
the past, many applicants had their names put forward by existing magistrates, trade unions etc.
Today it’s mostly reliant on candidates putting their own names forward.
Once the LAC receives the application form, there is usually a two stage interview process
where the first interview focuses on the characteristics of the candidates and the second tests
the candidates judicial aptitude on the two case studies given to them. Once appointed, they
may sit until the age of 70.
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