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Magistrates - Law essay for English legal system

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This essay can be helpful for your CIE A levels, AS level, exams or even first year law degree. All my essays have been marked by my lecturer and given good grades! This essay was awarded full marks &. top in the class marks (English legal system)

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Types of q
1) Role of magistrates popular, Adv disadv
2) Qualification & Training of magistrates

Magistrates

Introduction:
Historically, the main role of lay magistrates was dealing with criminals, but they also exercised
certain administrative functions. The History of lay magistrates dated back to the Justices of
the Peace Act 1361. Magistrates are described as the backbone of the English criminal justice
system. Lay magistrates do not receive a salary but receive allowances for travel, subsistence
and financial loss. In the magistrates’ court, there are 140 district judges, following a reform by
the Access to Justice Act 1999.

*Selection / Appointment:

Qualification
Magistrates are appointed by the Lord Chief Justice on the advice of local Advisory Committees.
Candidates are interviewed by the Committee who will make a recommendation to the Minister.
The qualifications laid down for appointment to the magistracy are that the applicants must be
under 65 and live or work within a reasonable distance of the court in which they will work. They
must also be able to devote at least 26 half-day sittings a year. Legal knowledge or academic
qualifications are not required.

Six qualities
In 1998, the Lord Chancellor set out six qualities required of lay magistrates which are good
character, understanding and communication, social awareness, maturity and sound
temperament, sound judgement and commitment and reliability.

Disqualification
They cannot be appointed if they are members of the armed forces, police officers, traffic
wardens, undischarged bankrupts, carries criminal convictions, disabled and cannot carry out a
magistrates’ task, has a close relative who is on the same bench and whose work is
Incompatible with a magistrates’ task. Magistrates are appointed nationally rather than locally
under the Courts Act 2003.




*Training:

The training of magistrates is supervised by the Magisterial Committee of the Judicial
College. This Committee has drawn up a syllabus of topics which magistrates should cover in

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Uploaded on
October 14, 2022
Number of pages
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Written in
2022/2023
Type
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Grade
A+

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