levo

Criminal Courts and Lay People

Lay magistrates

  • 3 things to know
  • Component 1

Overview

Recall questions on the age, residence and other requirements for lay magistrates, who is disqualified, how they are selected and appointed, and their role in trying cases, issuing warrants, deciding bail and sentencing with the advice of a legally qualified clerk.

What you need to know

Answer each one before you reveal it.

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Evaluation

Name the first three aims of sentencing listed in s57 of the Sentencing Act 2020.

Who and when

Who formally appoints lay magistrates?

Key term

How many lay magistrates typically sit together, and who advises them on law?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Who formally appoints lay magistrates?

    Model answer

    The Lord (or Lady) Chief Justice on behalf of the Crown.

  2. 2

    What types of offences do lay magistrates try?

    Model answer

    Summary offences and triable either-way offences that remain in the Magistrates' Court.

  3. 3

    What is the age range for appointment as a lay magistrate?

    Model answer

    Between 18 and 74 years old on appointment; magistrates retire at 75.

  4. 4

    What residency requirement applies to lay magistrates?

    Model answer

    They must live or work within or near the local justice area for which they are appointed.

  5. 5

    Do lay magistrates need legal qualifications?

    Model answer

    No, lay magistrates are not required to have legal qualifications.

  6. 6

    Name categories of people who are disqualified from being lay magistrates.

    Model answer

    Those with serious criminal convictions, undischarged bankrupts, and members of the armed forces.

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