Become a magistrate

Task 2

1. Become a Magistrate It’s your community

2. Who are the Magistrates? Magistrates (also known as justices of the peace) are 21,500 volunteer judicial office holders who serve in magistrates’ courts throughout England and Wales. Magistrates can be appointed from the age of 18 and retire at 70. Magistrates do not require legal training or qualifications. Candidates must demonstrate six ‘key qualities’ – Good Character; Commitment and Reliability; Social Awareness; Sound Judgement; Understanding and Communication; Maturity and Sound Temperament. Once appointed, magistrates undertake mandatory training and are always supported in court by a trained legal advisor to guide them on points of law and procedure.

3. What do they do? All magistrates begin their magisterial career in the adult court where they deal with crimes which, while not necessarily very serious in nature, can have the most widespread impact on communities; for example, anti-social behaviour and alcohol-related incidents. Magistrates’ courts are also the first stage in dealing with more serious crimes such as rape and murder, which are then referred on to the Crown Court.

4. Why become a Magistrate and what kind of crimes will I hear? Magistrates come from a wide range of backgrounds and occupations – from bus drivers to architects, pilots to mechanics, nursery nurses to retired people, unemployed to teachers. They are ordinary men and women with common sense and personal integrity. They are able to listen to all sides of an argument and can contribute to fair and reasonable decisions. You do not have to have any legal qualification. Magistrates sit as one of a bench of three magistrates, including one who sits in the centre who has been trained to take the chair and deal with less serious criminal cases such as minor theft, criminal damage, public disorder and motoring offences. Crimes can be divided into three categories: Very Serious (called indictable offences eg murder, rape, manslaughter) which can only be dealt with in a Crown Court before a judge and jury Serious (either way offences eg theft, fraud) when the defendant may be dealt with either by magistrates or in a Crown Court Less serious (called summary offences eg traffic, excess alcohol) are only dealt with by magistrates

5. What other people are in the Magistrates Court? The Court Clerk Legal Adviser  - ensure that the magistrates have all the information they need to do their job. He/she identifies the defendant, reads the charges and at the end of the trial summarises the relevant law for the magistrates. The Usher - makes sure that order is maintained in the court and that the proceedings run smoothly. The Court Reporter - may work for local or national press, usually newspapers but also for radio and television stations. They attend court and report on the cases. The Solicitor - a member of the public may approach him/her for advice and assistance in matters referred to the courts. Often solicitors will be able to handle cases in front of the Magistrate. The Barrister - a solicitor may refer a case to a barrister if the matter is too serious for the solicitor to handle, a barrister will handle the case. Barristers, unlike solicitors, may represent clients in any of the countries' courts. Probation Staff  – advise magistrates about offenders when magistrates are deciding a sentence.

6. A typical Magistrates Court

7. Be the Judge……..Have a go http://www.ybtj.justice.gov.uk / Interesting?.......apply here https://www.gov.uk/become-magistrate/apply-to-be-a-magistrate

8. I will well and truly serve our Sovereign Lady Queen Elizabeth the Second, in the office of Justice of the Peace and I will do right to all manner of people after the laws and usages of the realm without fear or favour, affection or ill-will. So……………… …………… can you take the Oath?........It’s YOUR community.