The Selection Process of District Judges and Lay Magistrates

795 Words2 Pages
bulb-icon

Recommended: The role and effectiveness of the magistrates in the English and Welsh legal system

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 ...

... middle of paper ...

...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

----------------

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.

Show More
Related

  • Confessions Of A Jury Sparknotes

    1696 Words  | 4 Pages

    This chapter is mainly devoted to the jury selection process and how it is taken care

    Read More

  • Georgia State Court System

    1956 Words  | 4 Pages

    ... diploma, and must be a county resident for at least one year. Position of magistrate is gained either through appointment or partisan countywide election. State court judges are elected through nonpartisan countywide elections and must be a county resident. They must be at least 25 years of age, have 7 years experience practicing law, and be a state resident for a minimum of 3 years. Superior Court judges are required to have 7 years experience practicing law, be a circuit resident, be a state resident for a minimum of 3 years, and be no younger than 30. Superior court judges are elected in nonpartisan countywide elections.

    Read More

  • The Pros and Cons of The Use of Lay Magistrates

    618 Words  | 2 Pages

    out of the sense of citizenship, as they are not paid to become a lay

    Read More

  • The Criminal Trial Process

    1108 Words  | 3 Pages

    A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.

    Read More

  • The Marshall Court

    1506 Words  | 4 Pages

    The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...

    Read More

  • Essay On Courtroom Workgroup

    1050 Words  | 3 Pages

    The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...

    Read More

  • How Lay Magistrates are Chosen and Appointed

    612 Words  | 2 Pages

    of 27. The person must also be able to sit for long periods of time

    Read More

  • The Power of an Unelected Judge

    664 Words  | 2 Pages

    It is my belief that an unelected judge should have power over decisions regarding the creation and altercation of laws. The issue of whether or not a judge should be a part of the law making process can arise from dialogue theory. Judges have the power to interpret the Charter of Rights and Freedoms when imposing a new law or ruling down on a case. Dialogue theory claims that if a judge uses their own judgement to make rulings it could lead to overlooking long time problems or it might be more influenced on personal gain (Dyzenhaus, David, Arthur Ripstein, and Sofia Reibetanz Moreau 592). In fact giving unelected judges this ability allows them to make laws based on the charter being enforced or even differentiate from it if the case requires, a judge must also provide logical explanation behind everything they choose to impose and through these changes it can actually lead to very positive differences in our society. Although unelected judges have to make very controversial and moral decisions, with the combination of the charter of rights and freedoms and their own reasoning they are a crucial part of any nations growth.

    Read More

  • The Role and Powers of Lay Magistrates in Criminal Cases

    807 Words  | 2 Pages

    Lay magistrates work is mainly connected to criminal cases although they also deal with some civil matters, especially family cases. Firstly, it is to be noted that lay magistrates only perform their duties about once a fortnight. Despite being lay members within the law, they try 97% of all criminal cases and deal with preliminary hearings in the remaining 3% of criminal cases, these involve Early Administrative Hearings, remand hearings, bail applications, sentencing and transfer proceedings. Lay magistrates also deal with commitals, magistrates can commit a defendant charged with a triable either way offence for the sentence to the Crown Court at the end of the case having heard the defendants past record, they feel that their powers of punishment are insufficent. Lay magistrates have a fairly wide discretion as to the sentence they select in each case although they are subject to certain restrictions.

    Read More

  • Favoritism in the American Judicial System

    2056 Words  | 5 Pages

    Favoritism in the American Judicial System OUTLINE I. Introduction II. Youthful Offenders A. Mistaken Notion of Leniency B. Proof of Increased Effort to Criminalize Youthful Offenders. 1. What is the difference between a. Stronger Penalties 2. What is the difference between Prison Population C. Preventative Affects III.

    Read More

  • Advantages And Disadvantages Of Judges

    1104 Words  | 3 Pages

    Whether a judge should be elected or appointed has been a topic for discussion since the creation of a judicial system. Depending on what side of the decision one may be on, there are some challenges that arise from each side. If a judge is elected, will he be judicious in his decision based on the law or based on his constituents? If the judge is appointed, will he be subject to the authority that appointed him, thereby slanting his decision to keep favor of the executive or legislator that appointed him? Mandatory retirement is also a question that brings about challenges. How old is too old? When does a judge become ineffective based on their age?

    Read More

  • The Process of Selecting and Training Magistrates

    602 Words  | 2 Pages

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

    Read More

  • Supreme Court Justice Appointment Analysis

    272 Words  | 1 Pages

    I do agree that when judges or justices are appointed or elected as a Supreme Court or local appellate judges, it helps advance a political agenda or viewpoints. The Supreme Court Justice appointment is very significant in American Politics, and the appointment is significant because it is an enormous federal judiciary power which is the highest appellate court in the land (Hall, 2015). It becomes the responsibility of The President of the United States to appoint the justices of the Supreme Court. Congress also confirms them under the “Appointment Clause” Article II, Section 2, clause 2, of the United States Constitution which states that the President shall with the advice of the Senate appoint Judges of the Supreme Court. Supreme Court Justices

    Read More

  • Chief Justice System Case Study

    509 Words  | 2 Pages

    According to numerous unique cases my opinion extends both ways; in support of some situations I do not agree forcing anyone to a blood test. On the other hand, I do agree for the reason countless individuals that drink and drive, knowing they are impaired to furthermore cause accidents to initiate a death. I do agree with the Supreme Court disclosing the expression of the individuals’ constitutional rights; however losing some privileges regardless should be in play. Researching other cases, I came upon in Washington Tyler G. McNeely was pulled over due to speeding the officer clearly realized the indications with the motions he made was completely ways of knowing he was intoxicated. Mr. McNeely had taken a sobriety field test which he executed inadequately and was placed under arrest. (LIPTAKAPRIL, 2013)

    Read More

  • The Need for Judicial Diversity

    1865 Words  | 4 Pages

    The given statement suggests that the emphasis on judicial diversity is unnecessary since there is no guarantee that a diverse judiciary would arrive at a different decision than that of a conservative judiciary. This essay attempts to argue that although there is no evidence that a diverse bench would radically change the outcome of a given case, the quality of justice will be substantially enhanced by the inclusion of a range of perspectives from which are currently not represented by the English judiciary.

    Read More

More about The Selection Process of District Judges and Lay Magistrates

Open Document