Lay Magistrates and District Judges - Roles and Advantages/Disadvantages
Lay magistrates do not have to have any legal qualifications; with a few exceptions, anyone is eligible to serve as a magistrate and that includes blind people . However, the Lord Chancellor, who by section 10 Courts Act 2003 is responsible (on behalf and in the name of Her Majesty) for the appointment of magistrates (apart from those in Lancashire who are appointed by the Duchy of Lancaster ), will not permit the following to become lay justices: anyone outside the ranges of 18 to 65 years of age (with retirement at 70); anyone who is not of good character and personal standing; an undischarged bankrupt; anyone who, because of a disability, cannot carry out all of the duties of a lay justice; a serving member of Her Majesty’s Forces; a member of a police force or a traffic warden or any other occupation which might be seen to conflict with the role of a lay justice; and a close relative of a person who is already a lay justice on the same Bench.
An individual may apply to become a lay justice and then be interviewed. The Advisory Committees conduct the interviews of would-be lay justices and decide whether the applicant is a suitable person. Essentially, Adivisory Committees are made up, for the most part, of lay justices; but the Lord Chancellor now requires at least a third of the membership to consist of other local people who are not lay justices. In making their recommendations, Advisory Committees not only consider the personal suitability of candidates but also the number of vacancies and the need to ensure that the composition of each bench broadly reflects the community which it serves. If the Advisiory Committee deems an applicant suitable for appointment, he will be recommended to the Lord Chancellor who will then consider the candidate’s personal suitability for appointment. If approved, the candidate will then be appointed as a lay justice to a particular ‘local justice area’ under the ‘commission of the peace’. Importantly, section 10(3) Courts
An individual may apply to become a lay justice and then be interviewed. The Advisory Committees conduct the interviews of would-be lay justices and decide whether the applicant is a suitable person. Essentially, Adivisory Committees are made up, for the most part, of lay justices; but the Lord Chancellor now requires at least a third of the membership to consist of other local people who are not lay justices. In making their recommendations, Advisory Committees not only consider the personal suitability of candidates but also the number of vacancies and the need to ensure that the composition of each bench broadly reflects the community which it serves. If the Advisiory Committee deems an applicant suitable for appointment, he will be recommended to the Lord Chancellor who will then consider the candidate’s personal suitability for appointment. If approved, the candidate will then be appointed as a lay justice to a particular ‘local justice area’ under the ‘commission of the peace’. Importantly, section 10(3) Courts