Judicial branch

The present court system of the United Kingdom is an amalgamation over the centuries of three sorts of courts: ecclesiastical, common law, and courts of equity. Essentially, the present form began in 1873, with some structural alterations made in 1971.

Courts in the United Kingdom are judicial institutions charged with resolving disputes in law, either between citizens, or between citizens and government organs. In English common law, the courts are, in theory, the final bodies that give effect to legal state and legislative power. A statute only has effect by being recognized by the courts and the legal system generally. In fact, the courts have never refused to follow the legislature, although the question of whether a court would accept an absurdly unjust statute has never been tested. Indeed, some of the lower courts and tribunals exist only by virtue of statutes, and much of the activity of the higher courts is governed by statute and by regulations made under statute.

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Text 14 magistrates’ courts

Approximately ninety-six per cent of criminal cases are dealt with summarily⁸⁷ at a magistrates’ court, where magistrates sit.

The part played by lay magistrates, also known as Justices of the Peace, in the judicial system of England and Wales can be traced to the year 1195. In that year, Richard I commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King for ensuring that the law was upheld. They preserved the "King's Peace", and were known as Keepers of the Peace. In 1264, Simon de Montfort appointed men to keep order in their area. They were also known as Keepers of the Peace. The title Justice of the Peace (JP) first appeared in 1361, in the reign of Edward III. By this time, JPs had been given the power to arrest offenders and suspects, they could investigate crime and, in 1382, were finally given the power to punish.

The case may be tried either by at least two but usually three lay magistrates or by a District Judge, who will usually sit alone. Until August 2000 these District Judges were known as Stipendiary magistrates, but were renamed in order to recognise them as members of the professional judiciary, as they are legally qualified and salaried.

Certain magistrates’ courts are designated as Youth Courts. Such a court is composed of specially trained justices and deals only with charges against and applications relating to children and young persons aged under 18. It sits apart from other courts and, unlike other courts, is not open to the public. It consists of not more than three justices, including at least one man and one woman.

THE DUTIES AND RESPONSIBILITIES OF A MAGISTRATE

Each magistrate is expected to undertake a fair share of the work of the Bench. The Lord Chancellor requires that a magistrate should sit for at least 26 half days each year and endeavour to be available to sit for up to 35 half days each year. Magistrates should be prepared to sit for a whole day if necessary.

Magistrates normally exercise their duties as part of a bench of three. They will at all times have available to them the advice of a professionally qualified court clerk. Their duties include:

Criminal matters

In criminal cases heard in the Adult and Youth Courts, magistrates:

• decide on requests for remand in custody

• decide on applications for bail

• decide whether a case should be adjourned

• determine whether a defendant is guilty or not

• pass sentence on a defendant who has been found guilty

• commit a defendant to the Crown Court for sentence

• enforce financial penalties

• may determine the venue at which a case will be heard

Civil matters

Magistrates also decide many civil matters, particularly in relation to family work. Specially selected and trained members of the Family Court Panels deal with a wide range of matters, most of which arise from the breakdown of marriage, e.g. making orders for residence of and contact with children. Proceedings relating to the care and control of children are also dealt with in Family Proceedings Courts. The civil jurisdiction also involves the enforcement of financial penalties and orders such as those in respect of non payment of council tax.

Other duties

Members of specialist committees are responsible for the administration of the liquor licensing system and for the grant or refusal of applications for licences and permits relating to betting and the registration of gaming clubs. All magistrates carry out some routine licensing work.

Magistrates are expected to play a part in the life of the bench and where possible, attend bench meetings etc. They may undertake work out of Court, as members of committees. They are also expected to deal, at home, with requests for warrants for arrest and search and to take declarations of various kinds. (3171)

MAGISTERIAL QUALITIES

Personal Qualities

The following are the six key qualities sought in those applying to be magistrates.

1. Good character: personal integrity, respect and trust of others, respect for confidences, absence of any matter which might bring them or the Magistracy into disrepute, willingness to be circumspect in private, working and public life

2. Understanding and communication: ability to understand documents, identify and comprehend relevant facts, and follow evidence and arguments; ability to concentrate; ability to communicate effectively.

3. Social awareness: appreciation and acceptance of the rule of law; understanding of the local communities and society in general; respect for people from different ethnic, cultural or social backgrounds; experience of life beyond family, friends and work.

4. Maturity and sound temperament: ability to relate to and work with others; regard for the views of others; willingness to consider advice; maturity; humanity; courage; firmness; decisiveness; confidence; a sense of fairness; courtesy.

5. Sound judgement: common sense; ability to think logically, weigh arguments and reach a balanced decision; openness of mind; objectivity; the recognition and setting aside of prejudices.

6. Commitment and reliability: reliability; commitment to serve the community; willingness to undertake at least 26 and up to 35 half day sittings a year; willingness to undertake the required training; ability to offer requisite time; support of family and employer; sufficiently good health.

Eligibility requirements

Lay magistrates in England and Wales, except in the Duchy of Lancaster, are appointed by the Secretary of State for Constitutional Affairs and Lord Chancellor on behalf and in the name of the Sovereign. With a few exceptions anyone is eligible to serve as a magistrate. However, the Lord Chancellor will not appoint:

• anyone over 65 years of age or under 27 unless there are exeptional circumstances

• a serving or recently retired police officer or a civilian employee of a police force or their spouse or partner;

• a member of the Special Constabulary or their spouse or partner;

• a traffic warden or their spouse or partner;

• anyone who has a close relative (father, mother, son, daughter, brother or sister or in-law and some other relationships) who is employed as a police officer, special constable, a civilian employee in a police force or a traffic warden in the Petty Sessional Division⁸⁸ (court area) to which they might be appointed;

• a full time member of Her Majesty's Forces;

• anyone, in addition to those above, whose work or community activities or, those of their spouse or partner, are such as to be clearly incompatible with the duties of a magistrate, e.g. employees of the Crown Prosecution Service, Prison Service, Probation Service or Magistrates' Courts Service

• an undischarged bankrupt;

• anyone who, or whose spouse or partner, has been convicted of a serious offence or a number of minor offences;

• anyone who is a member of Parliament or has been adopted as a prospective candidate for election to Parliament or paid as a full time party political agent if part of their constituency is covered by the Petty Sessional Division to which they might be appointed;

Applicants must live within the area of the Commission of the Peace⁸⁹ for which they wish to be considered or within 15 miles of its boundaries. The Lord Chancellor requires that candidates should have a reasonable degree of knowledge of the area to which they wish to be appointed and generally expects them to have lived in that area for a minimum of 12 months.

On appointment, magistrates are required to swear or affirm that they "will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law" and that they "will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of Justice of the Peace, and will do right to all manner of people after the laws and usages of this realm without fear or favour, affection or ill will".

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