Criteria for Appointment of Lay Magistrates

Lay Magistrates and Their Criteria for Appointment

Lay magistrates are the members of the public chosen to work in the magistrate's court. They are usually expected to work part-time and are unpaid. There is an existing set criteria for one to be a lay magistrate which is not related to any legal qualifications. A lay magistrate can be a teacher or a taxi driver considered they meet the requirements. The following essay intends to explain the criteria for appointing lay magistrates.

Application Process and Age Requirement

Any individual that wants to be a lay magistrate can directly make an application to the Local Advisory Committee or Ministry of Justice either through post or online. They must be between the age brackets of 18-65 and must be willing to take the British oath of allegiance even though there is no requirement that applicants should be British.[1]

The set age retirement by the statute is 70. Even though in 2004 the minimum age of appointment was condensed from 27 to 18, it is rare to find an appointed lay magistrate under the age of 30.

Qualities and Interview Process

No statute provides for requirements for the qualifications of a lay magistrate. However, the applicants must possess and demonstrate some six core qualities during the interview before the Advisory committee as was set out in Lord Chancellor's Direction, 1998.[2]

First, they must be of good character such as integrity, honesty, respect and trust. They should also be understanding and know how to communicate. This is to enable good judgment especially during interpretation of documents. It also enhances identification and comprehension of relevant facts fast so as to set up evidence and arguments.

Moreover, they must possess the quality of social awareness for the good of the country as it helps them embrace the rule of law in the society. Maturity and sound temperament is mandatory in order to create a peaceful working environment. Also, they must have sound judgment, their reasoning must be logic so as to make balanced decisions. Lastly, they must possess the quality of commitment and reliability.

Disqualifications and Appointment Process

Some instances of disqualification include occupations such as police officer and HM forces, Member of Parliament, barristers and solicitors, are bankrupt or have been charged with serious offence or a number of minor offenses.[3] After application, appointment takes 6 to 12 months, where in the process, two interviews are conducted by the Local Advisory Committee and finally the Lord Chancellor and the Lord Chief Justice appoint from the recommended.

Importance of Lay Magistrates and Representation

The use of lay Magistrates is important to ensure trial by one's peers because the lay magistrates have knowledge of the locals as they usually stay in a radius that is not more than 15 miles away from the court that they work in. In the case of Bowman v DPP (1991), the defendant was driving at a high speed under the influence of alcohol around a car park that is near a storey building some few minutes after midnight. The local knowledge was applied to determine whether the car park was a 'public place' within the meaning of the act. The lay people (the one who lives around the car park and the other used it most of the times) applied their local knowledge by stating that at night, the barriers were usually raised and motorists were free to use, and they convicted.

In relation to gender, age, ethnicity and employment status, the position of lay magistrates does reflect the communities they serve. Over the time, the lay magistracy has been gender balanced as nationally, about 49 percent of lay magistrates are women.[4]

Moreover, all ages from 18-65 are being given consideration. Ethnically, the longstanding complain that lay magistracy is overwhelmingly white has been proven baseless because ninety-four percent of the population in England is white. The position of lay magistracy does not look for a specific occupation and specific status except the ones not allowed by the statute.

Conclusion

Generally, lay magistrates are of help in the courts. Their volunteering shows their commitment and interest in cases and they will therefore put full attention towards the case they are handling. Moreover, their vast knowledge about their place of living is important while passing judgment as they will be able to make balanced decisions.

Bibliography

Martin JS Teal, OCR Law For AS (Hodder Education 2013)

[1].  Jaqueline Martin and Sue Teal, OCR Law For AS (Hodder Education 2013)

[2] Ibid, 38

[3] Ibid, 46.

[4] Ibid, 58.