Summary
Summary Legal system and methods
- Module
- Legal Systems And Methods
- Institution
- University Of Winchester (UoW)
Summary of 7 pages for the course Legal Systems And Methods at UoW (magistrates)
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Legal System & MethodCriminal Courts 1: The Magistrates’ Court.
1. Introduction
❖ Lowest court in criminal court hierarchy with approximately 700 throughout
country.
❖ All criminal cases start in the Magistrates court. Around 95% of all criminal cases will
end here, with only around 5% of cases being sent for either trial or sentencing in
the Crown Court.
1.2 District Judges v lay Magistrates:
District judges are full time, fully qualified judges who sit in the magistrates’ court. They sit
alone to hear cases.
Lay magistrates are part-time and do not have legal qualifications. They are technically
known as Justices of the Peace and sit as a bench of 3 when hearing cases and are assisted
by a Justices Clerk or Legal Advisor.
1.3 Selection & Appointment of lay Magistrates’
Recruited & selected by Local Advisory Committees. These LAC’s cover different
geographical areas and are made up of serving magistrates and local non-magistrates.
Recruitment is based on the needs of the courts in each area.
The Advisory Committees are non-departmental public bodies, membership of which is
treated as a public appointment that is regulated by the Office of the Commissioner for
Public Appointments. – members of the Local Advisory Committee are appointed by the
Ministry of Justice.
Under the Crime and Courts Act 2013, and from 1 October 2013, the statutory power to
appoint magistrates transferred to the Lord Chief Justice, who delegates the function to the
Senior Presiding Judge for England and Wales.
The Right Honourable The Lord Thomas- Lord Chief Justice – appointed in October 2013.
(JAC)
Lord Justice Fulford was appointed Senior Presiding Judge for England and Wales, with effect
from 1 January 2016.
1.4 Qualities/Applicability
Magistrates can be appointed from the age of 18 and retire at 70. Magistrates do not
require legal training or qualifications.
1
, Legal System & Method
Certain categories of employment will mean you are excluded from appointment: Police
officers, traffic wardens, armed forces, criminal convictions, undischarged bankrupts, those
who have a close relative who is already a magistrate. Anyone who work is considered
incompatible with the duties of a magistrate.
Candidates must demonstrate six ‘key qualities’ – Good Character; Commitment and
Reliability; Social Awareness; Sound Judgement; Understanding and Communication;
Maturity and Sound Temperament.
2. Administration of the Magistrates’ Court
HM Courts & Tribunals Service is responsible for the administration of criminal, civil and
family courts and tribunals in England and Wales. HMCTS is an executive agency, sponsored
by the Ministry of Justice.
3.The Role of The Justices Clerk/ Legal Advisor
Legal advisor/ justices clerk is appointed from amongst barristers and solicitors of at least 5
years standing (right of audience in all MC proceedings)
The justice clerk delegate many of their powers in practice to assistant justice clerk, who are
known as legal advisors.
The justices clerk and his team of legal advisors are responsible for important areas of court
administration. They also appear in court with the magistrates. The law maintains a strict
division between the responsibilities of the magistrates and their clerk.
The justice’s clerk is responsible for
● Legal advice given to the lay bench
● Performance of the legal advisors on his staff
● Case management and reduction of delays
The legal advisor should provide such advice as is necessary for the JP to perform their function
including
● matters of law (including Human rights)
● matters of mixed law and fact
● matters of evidence
● Matters of practice and procedure
● Range of penalties available
● Any other relevant issue including guidance of senior courts
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