8.

Lay Magistrates English Legal System

The Magistrates’ Courts

 Lowest tier in the system of criminal courts, however deal with most of the criminal cases at
first instance
 England and Wales are divided into ‘local justice areas’, each of which has a Magistrates’
Court
 Managed by the Ministry of Justice
 Staffed by Her Majesty Courts and Tribunal Service
 Regulated by Courts Act 2003
 Presided over by either professional judges (District Judges, previously Stipendiary
Magistrates) or lay magistrates

Lay Magistrates
 Lay = non legally qualified, people who volunteered to hear cases in court in their
communities on a part-time basis
 At least 26 sittings per year (half day each)
 Not required to hold any particular legal qualification
 Also known as Justices of the Peace (JPs)
 The practice of appointing lay magistrates to deal with criminal matters dates back to the
Justices of the Peace Act 1361
 Appointed by the Lord Chief Justice after the Crime and Courts Act 2013 was passed on the
advice of local Advisory Committees
(previously they were appointed by the Lord Chancellor)
 The Judicial Appointments Commission is not involved in the appointment of lay magistrates
-JAC only selects judges at District Judge rank and above
 The local Advisory Committees are appointed by and report to the Minister for Justice. The
Minister then confirms the choice of the candidates and communicates this to the Lord Chief
Justice, who appoints in the name of the Queen.

Lord
Local Chief Justice
Afteradvisory
Minister (in the
committees
of Justice name the
of by
appointed
confirms Queen)
Minister
choice of of
appoints Magistrates Justice
on the advices of local
magistrates, then they will communicates to Lord
(Ministry of Advisory
JusticeChiefCommittees
Justice
managed the Magistrates' Court)
(Lord Chief Justice appoints Magistrates)

1
8. Lay Magistrates English Legal System

Lay Magistrates: Appointments Process

2 type of candidates
• Proposed by local
political parties,
voluntary groups, trade
unions and other social Local Advisory After selected the The Lord Chief Justice
Then Minister of Justice
organisation, submit to Committees then suitable person, then then appoints the
submit the names to the
Advisory Committees interviews and select submit it to the Minister magistrates in the name
Lord Chief Justice
suitable candidates. of Justice of the Crown
•Individuals may also
apply directly for the
position