m all walks of life.” However, the “Lord chancellor requires that each bench broadly reflect the community it serves in terms of gender, ethnic origin, geographical spread, occupation and political affiliation.” [30] Furthermore, in 1998 the Lord Chancellor set out six key qualities candidates should posses. [31] These include:
good character
understanding and communication
social awareness
maturity and sound temperament
sound judgement
commitment and reliability
Other requirements and disqualifications include [32] :
The candidate being between the age of 18 – 65(people under 27 and over 65 are generally not appointed)
The candidate must be prepared to sit for at least 26 half days per year
The candidate must live within 15 miles of the area they wish to volunteer for
The candidate must have a reasonable degree of knowledge of the area they wish to be appointed for and have been living there for at least 12 months.
The candidate must have satisfactory health in order to carry out the duties required (those with a disability are considered on their merits)
British nationality is not a requirement (but all candidates must be willing to take the oath of allegiance)
The candidate must not have any serious criminal records, be bankrupt, a member of the armed force, a police officer, a traffic warden or have any close family to either.
Since 1999, members have received standard training of three days (18 hours), which covers basic law and procedure, before sitting, and continuing to receive training throughout their service. Additional training is given to magistrates in the Youth Court, or those dealing with family matters. [33]
The candidates are required to do a two-stage interviewing process, to determine if they possess the necessary qualities and judicial aptitude. The Judicial Studies Board decides the key areas which Magistrates need training on. The training is carried out locally, often by the clerk of the court. [34] It is divided into four areas of competence: managing yourself, team work, making judicial decisions and managing judicial decision making. [35]
The Criminal act 2003, gives the Lord Chancellor the power to remove JP’s from office for incapacity or misbehaviour, Persistent failure to meet the prescribed standards of competence and if the minister is satisfied that they lay justice is declining or neglecting their duties. [36] Pg. 231 JP’s are required to resign if they fail to honour the undertakings or become unable to perform their duties. [37] Pg 219.
Legally qualified personnel (MC’s)
Legal clerks
JP’s are assisted by professional legal advisers or clerks who advise them on legal matters and answer any questions they (JP’s, District and Deputy District Judges) pose. Legal clerks are not to “exert any influence upon the JP’s –the advice of which they provide must be neutral...” [38] They also ensure proper procedures are adhered to and that JP’s (sometimes District Judges) are accurately informed about the law and its powers, as well as ensuring that the Courts' business is efficiently handled. [39]
Deputy District Judges (DDJ’s)
DDJ’s are practising solicitors or barristers who sit pa
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