Preview

Lay Magistrates and District Judges - Roles and Advantages/Disadvantages

Powerful Essays
Open Document
Open Document
1782 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Lay Magistrates and District Judges - Roles and Advantages/Disadvantages
Lay magistrates do not have to have any legal qualifications; with a few exceptions, anyone is eligible to serve as a magistrate and that includes blind people . However, the Lord Chancellor, who by section 10 Courts Act 2003 is responsible (on behalf and in the name of Her Majesty) for the appointment of magistrates (apart from those in Lancashire who are appointed by the Duchy of Lancaster ), will not permit the following to become lay justices: anyone outside the ranges of 18 to 65 years of age (with retirement at 70); anyone who is not of good character and personal standing; an undischarged bankrupt; anyone who, because of a disability, cannot carry out all of the duties of a lay justice; a serving member of Her Majesty’s Forces; a member of a police force or a traffic warden or any other occupation which might be seen to conflict with the role of a lay justice; and a close relative of a person who is already a lay justice on the same Bench.
An individual may apply to become a lay justice and then be interviewed. The Advisory Committees conduct the interviews of would-be lay justices and decide whether the applicant is a suitable person. Essentially, Adivisory Committees are made up, for the most part, of lay justices; but the Lord Chancellor now requires at least a third of the membership to consist of other local people who are not lay justices. In making their recommendations, Advisory Committees not only consider the personal suitability of candidates but also the number of vacancies and the need to ensure that the composition of each bench broadly reflects the community which it serves. If the Advisiory Committee deems an applicant suitable for appointment, he will be recommended to the Lord Chancellor who will then consider the candidate’s personal suitability for appointment. If approved, the candidate will then be appointed as a lay justice to a particular ‘local justice area’ under the ‘commission of the peace’. Importantly, section 10(3) Courts

You May Also Find These Documents Helpful

  • Good Essays

    To become a magistrate you must apply however not everyone can apply, you can not apply if you have a criminal record, if you are under the age of 18 or over 65 as they retire at 70 and as a magistrate you r expected to serve for at least 5 years. If you can apply you must go through an interviewing process to see if you have the right quality’s to become a magistrate. The quality’s that are required are; honest and fair, trusted by others, plenty of time, understand document or evidence, communicate effectively, sense of fairness and are mature. When you do become a magistrate you must work for at least 13 days, or 26 half-days, a year. However before the person starts work they do have some training, they also have a responsibility to notify if there is any conflict or interest in a case and to turn it down.…

    • 1351 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Unit 23 - D1

    • 2776 Words
    • 12 Pages

    Lay people are extremely useful individuals within the civil and criminal courts within the English legal system. The most influential lay people are the Lay Magistrates and the Jury who have important roles with the legal system. Magistrates usually deal with most cases that are heard within the criminal system. They are the decision makers as to guilt or innocence making 97-99% of all cases while on the other hand 1% of cases are heard with a jury present. This shows us that those that are not legally qualified make most decisions regarding the criminal justice system, which means that they are ordinary people who hail from different backgrounds within society.…

    • 2776 Words
    • 12 Pages
    Good Essays
  • Good Essays

    As we know in the Article III of the U.S constitution says that all judges in the Supreme Court and Inferior Courts can have their jobs for the rest of their life. The reasons that the judges can lose their job is by retirement or if they have been accused of any crime.…

    • 239 Words
    • 1 Page
    Good Essays
  • Good Essays

    State Judges Case Study

    • 633 Words
    • 3 Pages

    The position is an appointed position and not an elected one like most state judges, said Ron Postell Grand Prairie city attorney. Arnold applied for the position and went through an interview. Tom Hart, Grand Prairie city manager, selected Arnold for the position. The city council then had to approve a two-year contract for the position.…

    • 633 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The role of Jurors and Magistrates are similar in many ways. A few examples of the similarities would be that both must be 18-70 years old. In addition to this, those who are in the police force or have previous criminal convictions are ruled out. Both magistrates and jurors are members of the public and do not get paid for going to court. However, both can claim expenses for any earnings lost during the time they spent in court. Both parties make their decisions and verdicts on the facts presented to them. Not only this but both can decided whether a defendant is guilty or not guilty.…

    • 596 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Law M1

    • 967 Words
    • 4 Pages

    In this task I shall compare and contrast the roles and functions of judges, lawyers and lay people in the English legal courts.…

    • 967 Words
    • 4 Pages
    Good Essays
  • Good Essays

    1. Why have you chosen to apply to the KCR? I have chosen to apply for “Kings Court Representatives” because I believe I have the qualities to join this council like cooperation, punctuality, sociable, reliability, responsibility, determination, motivation and forth coming. I am willing to work flexible hours like before a, during lunch and after school. I would love to organize administrative related events such as Awards Night, Parents Night, Grade Nine Orientation and Commencement.…

    • 481 Words
    • 2 Pages
    Good Essays
  • Better Essays

    The Supreme Court Fellows Commission selects the fellows through a process that includes review of submitted materials and interviews of the finalists. The Commission, which consists of a panel of distinguished judges, lawyers, and professors selected by the Chief Justice, seeks outstanding applicants who are personable, discreet, trustworthy, and committed to serving the federal judiciary.…

    • 1135 Words
    • 5 Pages
    Better Essays
  • Good Essays

    When it comes to a court administrator, they are generally selected by the County and Circuit Court Judges to assist Chief Judge in carrying out the administrative duties of the court. The overall responsibility of the Court Administrators office is to serve as staff to the Circuit and County Court Judges and to also oversee and supervise the operation of all the court programs. They also ensure that there is smooth operation of and coordination between all the units. The Court Administrator’s Office also provides assistance to ensure that day to day operations are ran smoothly and to mission standards. (2009)…

    • 839 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Main Body In the State of Indiana, when there is a vacancy for the Supreme Court and the Court of Appeals, the state uses an independent commission of judicial qualification to present nominees to the Governor which then chooses one individual to get the spot (Ballotpedia). The commission of judicial qualifications is a seven…

    • 905 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The judges making these decisions are appointed by the federal government. Individuals who apply for an appeal court position without any prior judicial experience, have their applications vetted by a screening committee composed of legal members, lay members and, more recently, a police officer. Candidates are evaluated on their professional qualifications ~including awareness of racial and gender issues! and personal characteristics and then “recommended” or “not recommended” to the Minister of Justice who retains full discretion to choose among candidates. The majority of candidates are promoted from a lower court and do not go through the committee process at this stage.…

    • 200 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    One insight that I have had about many Judges is that they are human and can contain many bias. Judges are to be impartial and without bias, although with life experiences this may be a feat in itself. The Code of Judicial Conduct is a guide for a judge to live by to help with the bias they have. A conclusion I have about many Judges is that many do use their seat in the bench to judge people based on their own beliefs and bias and their decisions can be based only on that, and with all Judges they…

    • 396 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Judiciary of Bangladesh

    • 788 Words
    • 4 Pages

    Chief justice and the judges appointed to the appellate division sit only at appellate division and judges appointed to High court division sit only in the high court division. [Article 94(3)]…

    • 788 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Judicial Committee of the Privy Council by being the final court of appeal in both civil and criminal…

    • 815 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Under the supervision of the Chief of the Public Affairs Division, the candidate’s main responsibilities will include:…

    • 426 Words
    • 2 Pages
    Good Essays

Related Topics