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Qualification For Been A Magistrate
Can anyone tell me what qualifications are needed for been a magistrate?
It seems to me that the only qualfications needed are to be 'an upstanding member of the community'.
From what I can find it seems that the local judiciary is made up of local businessmen who have no idea what it means to be unemployed and down on their luck.
Can someone who is unemployed be a magistrate? If not why not? Is justice solely held in the hands of those that are 'better off' than those of us that arnt?
It seems to me that the only qualfications needed are to be 'an upstanding member of the community'.
From what I can find it seems that the local judiciary is made up of local businessmen who have no idea what it means to be unemployed and down on their luck.
Can someone who is unemployed be a magistrate? If not why not? Is justice solely held in the hands of those that are 'better off' than those of us that arnt?
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Here you go - https:/
My friend is a magistrate and unemployed inasmuch as she is 'housewife'. Her husband isn't a bigwig in any business, he is a salesman for a medium sized company.
My friend also actively supports and works for local charities for homeless young people and for many years volunteered as a samaritan.
She is very down to earth.
My friend also actively supports and works for local charities for homeless young people and for many years volunteered as a samaritan.
She is very down to earth.
Your understanding is incorrect, nailit.
You can find the full details of the qualities needed here:
https:/
But in particular in relation to your misunderstanding you will note that there is no requirement to be employed or to be a businessman. You do not have to be “an upstanding member of the community” (although you must be of “good character”. You will not be appointed if you have committed a serious crime or a series of less serious crimes and the position of Magistrate is exempt from the provisions of the Rehabilitation of Offenders’ Act).
Efforts are made to ensure the Magistracy is drawn from as wide a range of people as possible. Because of the time commitment required (Magistrates are not paid for their time) this makes it difficult for many younger people who have demanding jobs to get time off. This often means that some Benches are top heavy with older people.
You can find the full details of the qualities needed here:
https:/
But in particular in relation to your misunderstanding you will note that there is no requirement to be employed or to be a businessman. You do not have to be “an upstanding member of the community” (although you must be of “good character”. You will not be appointed if you have committed a serious crime or a series of less serious crimes and the position of Magistrate is exempt from the provisions of the Rehabilitation of Offenders’ Act).
Efforts are made to ensure the Magistracy is drawn from as wide a range of people as possible. Because of the time commitment required (Magistrates are not paid for their time) this makes it difficult for many younger people who have demanding jobs to get time off. This often means that some Benches are top heavy with older people.
NJ //This often means that some Benches are top heavy with older people.// Thats certainly true in my experience and equally true that such persons have no understanding of the challenges facing the younger generation.
//Efforts are made to ensure the Magistracy is drawn from as wide a range of people as possible//
Not so. I'd be hard pushed to find a magistrate that had (previous) drink or drug problems and could relate to defendants that had the same. (and we all know that the courts are clogged with addicts)
It may be written that magistrates are drawn from a wide variety of people as possible but ive yet to encounter a magistrate from a deprived council estate who has *had* drink/drug problems and is a labourer.
Most of my local ones are middle class people who seem to think its their right to sit on judgment on the rest of us.
//Efforts are made to ensure the Magistracy is drawn from as wide a range of people as possible//
Not so. I'd be hard pushed to find a magistrate that had (previous) drink or drug problems and could relate to defendants that had the same. (and we all know that the courts are clogged with addicts)
It may be written that magistrates are drawn from a wide variety of people as possible but ive yet to encounter a magistrate from a deprived council estate who has *had* drink/drug problems and is a labourer.
Most of my local ones are middle class people who seem to think its their right to sit on judgment on the rest of us.
nailit, my question is a serious one. Clearly someone who has a problem that might affect his judgement wouldn't be the best man for the job, but as long as they have a real interest in working for the community as a whole there's no reason why a labourer or someone from a Council estate would be excluded. Perhaps that interest just isn't there. What do you think?
A friend of mine,now deceased was a magistrate for years,he wasn't a Mason as far as I know,he was just an ordinary man who worked as a Blacksmith at the local pit and lived in an house he bought when the Board sold off all their properties in the 70's.When I asked him what it took to do the job he said a basic knowledge of the minor laws(the serious stuff was soon passed up the chain)and a good dose of common sense.
i think you have it the wrong way round naillit
you say "none of the magistrates i know are labourers"
what you really mean is "none of the labourers i know are magistrates" - an entirely diferent proposition
i am very surprised that the magistrates you know in a professional capacity told you what their paid jobs were, or where they grew up or lived - i would have thought they'd be more interested in trying your case. Or can't bespectacled people be labourers?
you say "none of the magistrates i know are labourers"
what you really mean is "none of the labourers i know are magistrates" - an entirely diferent proposition
i am very surprised that the magistrates you know in a professional capacity told you what their paid jobs were, or where they grew up or lived - i would have thought they'd be more interested in trying your case. Or can't bespectacled people be labourers?
Sadly, nailit, many of the types of people you describe (people with drug or drink problems) are likely to have criminal convictions which would prevent them being appointed. Similarly, someone with drink or drug problems is unlikely to be able to “understand documents, follow evidence and communicate effectively” or “think logically, weigh up arguments and reach a fair decision” (two of the personal qualities required).
Also, as has been mentioned, people from deprived areas are probably unlikely to feel the need to serve their community in this way (though some do).
If you do your research, Mosaic, you will find that few Freemasons are Magistrates and equally few Magistrates are Freemasons. There is little or no correlation.
Serving as a Magistrate is something you have to want to do, nailit. It is not something you would do if you have no interest in doing so. You are unlikely to see any Magistrates with drink or drug problems simply because of the reasons I outlined. Furthermore I doubt anybody – including you – would want to have a verdict or sentence passed on them by somebody unable to grasp the principles of justice because they are addled by booze or cannabis. I was glad you received restoration in the Crown Court from the injustice you received at the hands of the Magistrates. The right of appeal is a vital part of the Criminal Justice System.
Your contention that if Magistrates had a harder life “…their judgements may be more learned and appropriate” is misplaced, murraymints. In terms of delivering verdicts Magistrate are much more constrained than juries. They have to give reasons for their findings in open court rather than simpy pronounce “Guilty”. When sentencing they are (like judges) bound by sentencing guidelines and have to have good reason for departing from them. If they do so, once again, they must provide reasons in open court.
Also, as has been mentioned, people from deprived areas are probably unlikely to feel the need to serve their community in this way (though some do).
If you do your research, Mosaic, you will find that few Freemasons are Magistrates and equally few Magistrates are Freemasons. There is little or no correlation.
Serving as a Magistrate is something you have to want to do, nailit. It is not something you would do if you have no interest in doing so. You are unlikely to see any Magistrates with drink or drug problems simply because of the reasons I outlined. Furthermore I doubt anybody – including you – would want to have a verdict or sentence passed on them by somebody unable to grasp the principles of justice because they are addled by booze or cannabis. I was glad you received restoration in the Crown Court from the injustice you received at the hands of the Magistrates. The right of appeal is a vital part of the Criminal Justice System.
Your contention that if Magistrates had a harder life “…their judgements may be more learned and appropriate” is misplaced, murraymints. In terms of delivering verdicts Magistrate are much more constrained than juries. They have to give reasons for their findings in open court rather than simpy pronounce “Guilty”. When sentencing they are (like judges) bound by sentencing guidelines and have to have good reason for departing from them. If they do so, once again, they must provide reasons in open court.
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