The Process of Selecting and Training Magistrates

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The Process of Selecting and Training Magistrates

Lay magistrates are appointed by The Lord Chancellor, after being

recommended to him for appointment by his local Advisory Committees,

consisting of magistrates and other local people. The Lord Chancellor

will consider a candidate's personal suitability for appointment

regardless of ethnic origin, gender, or religion. However, applicants

must live within the area of the court they wish to work in or within

15 miles of its boundaries. The Lord Chancellor also requires that

candidates should have a reasonable knowledge of the area to which

they wish to be appointed and generally expects them to have lived in

that area for a minimum of 12 months. Applicants should also have

satisfactory health so that they are able to carry out all the duties

of a magistrate. In particular, sight and hearing and should also be

able to sit and to concentrate for long periods of time.

Newly appointed magistrates are required to undergo a programme of

training, prescribed by the Lord Chancellor, to help them to

understand their duties, to obtain a sufficient knowledge of law and

procedure, to appreciate the nature and purpose of sentencing. All

magistrates are carefully trained before sitting and continue to

receive training throughout their service. Training courses take place

during the first two years following appointment and cover such topics

as basic rules of court procedure, current legislation, sentencing

powers and options, decision making and communication skills.

Mentoring, on-the-job training, observations in court and visits to

other institutions also form part of the training programme. As

magistrates become more experienced they continue to undertake

training to ensure they remain competent. They also receive specialist

training in preparation for taking the chair in court, or for work in

the family or youth court. Lay magistrates are not paid for carrying

out their duties, but may claim allowances, within specified limits,

for traveling, subsistence and financial loss.

b) Identify and explain the advantages and disadvantages of using lay

magistrates in crown courts.

Many people have their own views on lay magistrates and whether they

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