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Magistrates

By Mrs Hilton
Draw a spider diagram
• What do you already know about magistrates?

• As this presentation continues see if you can
  add to your spider diagram

• If not then you all ready know it all,
  congratulations!
Key part of Criminal Justice System
• Magistrates' courts are a key part of the criminal
  justice system and 95% of cases are completed
  there.
• In addition magistrates' courts deal with many
  civil cases e.g. family matters, liquor licensing and
  betting and gaming.
• For over 600 years Justices of the Peace have held
  courts in order to punish law breakers, resolve
  local disputes and keep order in the community.
What’s a stipendiary magistrate?
• In addition, there are also about 130 District Judges.
  District judges in magistrates' courts are required to
  have at least seven years experience as a Barrister or
  Solicitor and two years experience as a Deputy District
  Judge.
• They sit alone and deal with more complex or sensitive
  cases e.g. cases arising from Extradition Act, Fugitive
  Offenders Act and Serious Fraud. Until August 2000
  these District Judges were known as Stipendiary
  Magistrates, but were renamed in order to recognise
  them as members of the professional judiciary
Who are Magistrates?
• Magistrates are members of the local community
  appointed by the Lord Chancellor.
• No formal qualifications are required but magistrates
  need intelligence, common sense, integrity and the
  capacity to act fairly. Membership should be widely
  spread throughout the area covered and drawn from
  all walks of life.
• All magistrates are carefully trained before sitting and
  continue to receive training throughout their service.
• Magistrates are unpaid volunteers but they may
  receive allowances to cover travelling expenses and
  subsistence.
Powers of Magistrates
• Magistrates cannot normally order sentences
  of imprisonment that exceed 6 months (or 12
  months for consecutive sentences), or fines
  exceeding £5000. In cases triable either way
  (in either the magistrates' court or the Crown
  Court) the offender may be committed by the
  magistrates to the Crown Court for sentencing
  if a more severe sentence is thought
  necessary.
Magistrates overview
• Magistrates or Justices of the Peace (JPs) are
  volunteers from all walks of life who deal with
  around 95 per cent of criminal cases in
  England and Wales, including many of the
  crimes that most affect the public, such as
  anti-social behaviour.
How much time will it take up?
• You need to be able to commit at least 26 half-
  days per year to sit in court (employers are
  required by law to grant reasonable time off work
  for magistrates).
• Magistrates are not paid for their services.
• However, many employers allow time off with
  pay for magistrates.
• If you do suffer loss of earnings you may claim a
  loss allowance at a set rate. You can also claim
  allowances for travel and subsistence.
Who can be appointed?
• Magistrates can be appointed from the age of 18
  and they must retire at 70.
• However, the Lord Chancellor will not generally
  appoint anyone aged 65 or over.
• Selection is based entirely on merit and
  applications are welcome from all sections of the
  community regardless of gender, ethnicity,
  religion or sexual orientation.
• You don't need legal or academic qualifications to
  be a magistrate and full training is provided.
Duties
• As a magistrate, you will sit in your local
  magistrates' court dealing with a wide range of
  less serious criminal cases and civil matters. Some
  of your duties will include:
• determining whether a defendant is guilty or not
  and passing the appropriate sentence
• deciding on requests for remand in custody
• deciding on applications for bail
• committing more serious cases to the Crown
  Court
Youth Courts
• With experience and
  further training you
  could also go on to deal
  with cases in the family
  and youth courts.
Training For Youth Court
• You will undertake a training programme to help
  you develop all the knowledge and skills you will
  need to serve as a magistrate.
• This is given locally by your Justices' Clerk (legal
  advisor) or a member of his or her team.
• You will be in a group with other new magistrates
  recruited at the same time as you.
• Training will be given using a variety of methods,
  which may include pre-course reading, small-
  group work, use of case studies, computer-based
  training and CCTV.
Law-Exchange.co.uk Powerpoint
Who sits in court?
• Magistrates sit on a
  'bench' of three (an
  experienced chairman
  with two other
  magistrates) and are
  accompanied in court
  by a trained legal
  advisor to give guidance
  on the law and             This isn’t Mrs
                               Hilton!!!
  sentencing options.
Personal Benefits
• There are a number of personal benefits you can
  gain as a magistrate, including:
• developing personal skills, such as decision-
  making, communicating and team-working,
  which can benefit your career and your employer
• developing an understanding of your local
  community and social issues
• gaining a working knowledge of the law
• building self-confidence
• improving leadership and mentoring skills
Community Benefits
• There are also benefits you can bring to your
  community as a magistrate:
• contributing to upholding the law and making
  your community a safer place
• contributing to the reform and rehabilitation
  of offenders
• helping offenders to make reparation to those
  affected by their offences
Spider Diagram
• So how does it look
  now?
• Now read the
  Magistrates notes, can
  you add any extra legs?
• Now read the Auld
  Review Summary, can
  you add more legs
  (does it look like a
  millipede yet?

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Law-Exchange.co.uk Powerpoint

  • 2. Draw a spider diagram • What do you already know about magistrates? • As this presentation continues see if you can add to your spider diagram • If not then you all ready know it all, congratulations!
  • 3. Key part of Criminal Justice System • Magistrates' courts are a key part of the criminal justice system and 95% of cases are completed there. • In addition magistrates' courts deal with many civil cases e.g. family matters, liquor licensing and betting and gaming. • For over 600 years Justices of the Peace have held courts in order to punish law breakers, resolve local disputes and keep order in the community.
  • 4. What’s a stipendiary magistrate? • In addition, there are also about 130 District Judges. District judges in magistrates' courts are required to have at least seven years experience as a Barrister or Solicitor and two years experience as a Deputy District Judge. • They sit alone and deal with more complex or sensitive cases e.g. cases arising from Extradition Act, Fugitive Offenders Act and Serious Fraud. Until August 2000 these District Judges were known as Stipendiary Magistrates, but were renamed in order to recognise them as members of the professional judiciary
  • 5. Who are Magistrates? • Magistrates are members of the local community appointed by the Lord Chancellor. • No formal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly. Membership should be widely spread throughout the area covered and drawn from all walks of life. • All magistrates are carefully trained before sitting and continue to receive training throughout their service. • Magistrates are unpaid volunteers but they may receive allowances to cover travelling expenses and subsistence.
  • 6. Powers of Magistrates • Magistrates cannot normally order sentences of imprisonment that exceed 6 months (or 12 months for consecutive sentences), or fines exceeding £5000. In cases triable either way (in either the magistrates' court or the Crown Court) the offender may be committed by the magistrates to the Crown Court for sentencing if a more severe sentence is thought necessary.
  • 7. Magistrates overview • Magistrates or Justices of the Peace (JPs) are volunteers from all walks of life who deal with around 95 per cent of criminal cases in England and Wales, including many of the crimes that most affect the public, such as anti-social behaviour.
  • 8. How much time will it take up? • You need to be able to commit at least 26 half- days per year to sit in court (employers are required by law to grant reasonable time off work for magistrates). • Magistrates are not paid for their services. • However, many employers allow time off with pay for magistrates. • If you do suffer loss of earnings you may claim a loss allowance at a set rate. You can also claim allowances for travel and subsistence.
  • 9. Who can be appointed? • Magistrates can be appointed from the age of 18 and they must retire at 70. • However, the Lord Chancellor will not generally appoint anyone aged 65 or over. • Selection is based entirely on merit and applications are welcome from all sections of the community regardless of gender, ethnicity, religion or sexual orientation. • You don't need legal or academic qualifications to be a magistrate and full training is provided.
  • 10. Duties • As a magistrate, you will sit in your local magistrates' court dealing with a wide range of less serious criminal cases and civil matters. Some of your duties will include: • determining whether a defendant is guilty or not and passing the appropriate sentence • deciding on requests for remand in custody • deciding on applications for bail • committing more serious cases to the Crown Court
  • 11. Youth Courts • With experience and further training you could also go on to deal with cases in the family and youth courts.
  • 12. Training For Youth Court • You will undertake a training programme to help you develop all the knowledge and skills you will need to serve as a magistrate. • This is given locally by your Justices' Clerk (legal advisor) or a member of his or her team. • You will be in a group with other new magistrates recruited at the same time as you. • Training will be given using a variety of methods, which may include pre-course reading, small- group work, use of case studies, computer-based training and CCTV.
  • 14. Who sits in court? • Magistrates sit on a 'bench' of three (an experienced chairman with two other magistrates) and are accompanied in court by a trained legal advisor to give guidance on the law and This isn’t Mrs Hilton!!! sentencing options.
  • 15. Personal Benefits • There are a number of personal benefits you can gain as a magistrate, including: • developing personal skills, such as decision- making, communicating and team-working, which can benefit your career and your employer • developing an understanding of your local community and social issues • gaining a working knowledge of the law • building self-confidence • improving leadership and mentoring skills
  • 16. Community Benefits • There are also benefits you can bring to your community as a magistrate: • contributing to upholding the law and making your community a safer place • contributing to the reform and rehabilitation of offenders • helping offenders to make reparation to those affected by their offences
  • 17. Spider Diagram • So how does it look now? • Now read the Magistrates notes, can you add any extra legs? • Now read the Auld Review Summary, can you add more legs (does it look like a millipede yet?