Lay Magistrate Court Essay

Introduction

In this report I am going to be giving an overview of what a Magistrate Court is, what sort of people work in a Magistrate Court and what sort of sentences Magistrates Court issue people with. Magistrate Courts deal with cases such as minor violent offences, motor vehicle offences and drunk or disorderly offences.

Selection

A Lay Magistrate is a part time judge who sit to hear cases as either a bench of two or three Magistrates. Lay Magistrates are also known as Justices of the Peace. An individual Lay Magistrate is very limited to what they can do in giving out sentences or community services however a Lay Magistrate can issue search warrants and arrest warrants. Also there are around 25,000 Lay Magistrates sitting as part time

judges in Magistrates’ Courts.

To become a Lay Magistrate you need to have 6 key qualities which are:
Good Character
Understanding and Communication
Social Awareness
Maturity and Sound Temperament
Sound Judgement- to think logically
Commitment and Reliability

Having good character is an essential trait for any Lay Magistrate because good character is what defines a person and what people think of them. For example a person with good character is honest, kind, good hearted and wants to help others around them. It is important for a Lay Magistrate to have good character because having good character give others the impression that they are honest.

Having good understanding and communication is important for any Lay Magistrate because being able to communicate and understand with others is crucial because if a Law Magistrate cannot communicate with anyone they won't be able to understand what they are being told or what is being said by others.

Social awareness is important for a Lay Magistrate because they need to be aware of what is happening around them for example if something big has happened in the news involving the they should know about it because if they aren't socially aware of what is happening they will be confused and may not be allowed to become a Lay Magistrate due to their lack of social awareness.

Maturity is a serious quality a Lay Magistrate must have. For example if a Lay Magistrate isn't behaving maturely they can get lose the privilege of being a Lay Magistrate for not behaving professionally. A Lay Magistrate needs to respect everyone and be professional when they are working because it will give others the impression that they are respectful. A Lay Magistrate also needs to have sound temperament which means they need to act cool under pressure and make sure they make the right choice when either sentencing or handing our warrants.

Sound judgement is important for a Lay Magistrate because when it comes to sentencing someone it is important that the sentence that is given by the Lay Magistrate isn't too strict or lenient. The Magistrate also needs to make sure that the sentence they are giving is suitable for example if someone has been caught speeding for the first time they should be given a fine and not have their driving license taken off them or get sentenced to do community

service.

Commitment and reliability is important for any Lay Magistrate because being committed to your job shows your peers and others that you are hard working and are a dedicated worker to your job. Also it is important for a Lay Magistrate to be reliable because it gives others the impression that you are trustworthy and when it comes to doing an important job for someone you can do it without any problems.

Not eligible
Not everyone can be a Lay Magistrate as there are only certain people who can become a Lay Magistrate. For example someone who has been accused of murder, rape or robbery. Also there are other types of people who can't be a Lay Magistrate these types of people are;
Police Officers
Traffic Wardens
People who have mental problems
Someone who has been excluded from jury service
People who have been banned from driving
People who serve members of HM(Her Majesty's) armed forces
Someone who has been guilty of 1 major offence or maybe a minor offence

A police officer can't become a Lay Magistrate because their opinion may be biased because they are the ones