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Lay Magistrates Critical Analysis

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This essay will cover the critical evaluation of the role played by magistrates within the English legal system and their composition.
Magistrates are otherwise known as Justices of peace. THE JUSTICES OF PEACE ACT 1361 gave judicial powers to appointed lay people. They hear cases in the magistrate’s court, where they sit on a bench consisting of two- three people . Magistrates are not legally trained, however there are still certain requirements they must pass in order to be appointed and able to sit in court, MAGISTRATES COURT ACT 1980 .
Appointment
Lay magistrates are appointed by The Lord Chancellor, with advice given by the Local advisory Committee. The requirements are that they must be aged 18-65, live within distance of your local court, be able to sit for 26 half days, be in good health with sufficient hearing ability, not have any unspent convictions or serious court orders against them, not be bankrupt and not be in association with any administration of justice worker for example a police officer or a prison warden. Furthermore, lay magistrates may be removed the Lord Chancellor under the CRIMINAL JUSTICE ACT 2003 .
There are 6 key qualities set out which lay magistrates must practise: good character, understanding and …show more content…
They deal with preliminary cases and usually the first to deal with serious crimes such as murder and hear around 95% of criminal cases .Through further training some magistrates also deal with offences committed by young offenders in the youth court. Furthermore, family and civil cases are also dealt with, cases involving unpaid council tax, alcohol licensing and child custody and adoption. Magistrates are able to hand out punishments such as fines and community service , however a prison sentence can only be for up to 6 months, or double the time if more than one crime has was

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