Qualifications Magistrate (England and Wales)

1 qualifications

1.1 locality , commitment
1.2 restrictions on appointment
1.3 district judges (magistrates court)

qualifications

there no statutory requirements qualifications of magistrate. there are, however, 6 core requirements character of candidates magistracy, laid down lord chancellor in 1998. these are:

magistrates must aged between 18 , 65 upon appointment, statutory retirement age set @ 70. minimum age of appointment reduced 27 18 in 2004. however, appointments under age of 30 rarity. in 2010 out of 30,000 magistrates in wales , england 145 under age of 30.

locality , commitment

until passage of courts act in 2003 necessary magistrates live within 15 miles of commission area court in sat. commission area co-terminous county or metropolitan area, live considerable distance court in sat. however, act introduced single commission area whole of england , wales. country divided local justice areas , magistrates expected either live or work within reasonable travelling distance of court.

magistrates must commit sitting minimum of 26 half days each year. ‘half-day’ sitting typically lasts 10am 1pm or 2pm 5pm, new magistrates taking on afternoon session. on other benches, sittings organized magistrates attending sit whole day. magistrates expected attend half hour before sitting preparation , briefing case list legal adviser.

restrictions on appointment

subject lord chancellor’s discretion, number of activities , occupations, including occupations of spouse or partner or other close relative, may give cause concern in relation perceived impartiality of bench , corresponding risk right fair trial. example, candidate not eligible if:

they member of police service.
they member of, or have been selected (formally or informally) prospective candidate election to, parliament or assembly.
if undischarged bankrupt, not appointed magistrate because unlikely command confidence of public.
when considering candidates have been subject order of court (civil or criminal), various factors, including nature , seriousness of offence, considered before appointment made. magistrates deal motoring offences, , while minor motoring offences not issue, serious motoring offences, or persistent offending, might disqualify them. if have had licence suspended less twelve months in past 5 years, or twelve months or more in past ten years, not recommended appointment.
barristers , solicitors, bookmakers, care managers, civil service , executive agency employees, civilian employees of police, community support officers, crown prosecution service employees, educational welfare officers, health authority employees, hm forces, interpreters, licensees, local authority employees, ministers of religion, nspcc employees, people carry out work for, or have other connections with, police, police officers, prison service employees, rspca employees, security officers, social workers, traffic wardens.

district judges (magistrates court)

prior 31 august 2000, district judges (magistrates court) known stipendiary magistrates (i.e. magistrates received stipend or payment). unlike magistrates, district judges (magistrates court) sit alone. district judges have been appointed ranks of legal advisers magistrates court , qualified solicitors or barristers. questions have been raised magistrates association legal safeguards of single district judge being allowed hear case, decide outcome , pass sentence without reference tribunal member.

originally, deputy district judges drawn barristers , solicitors of @ least 7 years standing. however, in 2004, calls increased diversity among judiciary recognized , qualification period changed that, of 21 july 2008, potential deputy district judge can satisfy judicial-appointment eligibility condition on five-year basis. , other types of lawyer, such legal executives (ilex fellows), eligible.