The Selection Process of District Judges and Lay Magistrates

The Selection Process of District Judges and Lay Magistrates

Lay magistrates in England and Wales are appointed by the Lord

Chancellor on behalf of the Queen. In the Duchy of Lancaster they are

appointed by the Chancellor of the Duchy of Lancaster. The procedure

is as follows:

Individuals make an application to the Local Advisory Committee, which

consists of magistrates and other local people. People or

organisations may also recommend a candidate for appointment.

Committees also advertise for magistrates.

The Committee will consider if the person has the qualities to serve

as a magistrate or is disqualified from being appointed.

The Committee will also consider the local bench requirements. Each

bench should broadly reflect the community it serves in terms of age,

gender, ethnic origin, geographical spread, occupation, political

affiliation, and membership of clubs/organisations.

The applicant will then be interviewed.

The Committee will recommend suitable candidates to the Lord

Chancellor.

According to an official handout from the Lord Chancellor's

Department, the key qualities sought in those applying to be

magistrates are as follows:

Good character: Personal integrity - respect and trust of others -

respect for confidences - absence of any matter which might bring them

or the Magistracy into disrepute - willingness to be circumspect in

private, working and public life.

Understanding and communication: Ability to understand documents,

identify and comprehend relevant facts, and follow evidence and

arguments - ability to concentrate - ability to communicate

effectively.

Social awareness: Appreciation ...

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...l not prevent inconsistencies in sentencing since the clerk is

not allowed to help the magistrates decide on a sentence.

In some courts it is felt that the magistrates rely too heavily on

their clerk.

Prosecution bias

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Comparatively few defendants appeal against the magistrates’ decision,

and many of the appeals are against sentence and not against findings

of guilt.

In 1995 there were almost 25,500 appeals out of 1.5 million criminal

cases. Rather less than half of the appeals were completely

successful.

It is often said that lay magistrates tend to be prosecution-biased,

believing the police too readily.

There is a low acquittal rate in magistrates’ courts; for instance the

CPS report 1994/5 showed that of 93,000 defendants who pleaded not

guilty, only 22% were acquitted.