rt-time as District Judges. They may be training to become a full-time District Judge. Retired District Judge’s may occasionally sit as DDJ’s. Roles of DDJ’s are to ensure all persons before the court are treated with fairness according to the rules and procedures. [40]
District Judges (DJ’s)
Magistrate judges (MJ’s) or District judges (DJ’s) are the other group of persons that make up the MC; they are legally qualified and experienced. There are approximately 130 DJ’s in England and Wales and they have the power to sit alone in courts. [41] They are paid professional lawyers, some of which can sit in more than one location. DJ’s were once called ‘stipendiary magistrate’, but this was changed in August 2000 to give them recognition as members of the professional judiciary. [42] There are often controversy as to whether unqualified JP’s should be allowed to have the same enormous power as DJ’s to convict an individual charged with a criminal offence. To further elaborate on this controversy, I will examine some of the advantages and disadvantages of DJ’s in the Magistrates Court.
Advantages of DJ’s (MC’s)
In contrast to JP’s, DJ’s can sit alone because of their professional expertise and knowledge. They also handle longer, complex and serious offences that come before the MC such as fraud. [43]
DJ’s have the authority to sit as Prison Adjudicators and sit in any MC. They can hear criminal cases, youth cases -when offenders are between the ages of 10 and 17 (DJ’s are specially trained to deal with young offenders and can impose custodial sentences or Detention and Training Order that can last up to two years.) and also some civil proceedings in MC’s. DJ’s can also be authorized to hear cases in the Family Proceedings Courts, and deal with extradition proceedings and terrorist cases. [44] There powers are more diverse compared to JP’s.
In addition, DJ’s are more proficient in that they work faster and rely on the legal clerks substantively less than JP’s. With their legal knowledge they are capable of handling a 30% higher case load than JP’s. [45]
Furthermore, DJ’s are more expensive than JP’s because they have to be paid, however when considering the cost for courts, administrative time and the extra costs in lost time for court users, “the difference in the costs 52.10 pounds per hearing for JP’s and 61.78 pounds for DJ’s, ” are moderately fair. [46]
Also, Professional court users have greater confidence in DJ’s compared to JP’s because of their professional knowledge and expertise. They are “more consistent, quicker and better at controlling unruly defendants and better at questioning CPS and defense lawyers appropriately.” [47]
Disadvantages of DJ’s (Magistrates’ Court)
Despite the many advantages of DJ’s compared to JP’s, there are a few disadvantages of these professional judges. DJ’s are more likely to remand in custody and pass longer custodial sentences, hence, increasing the cost to prison services. [48] (Pg. 232.) DJ’s must be paid, and like JP’s may be accustomed to seeing the same person being charged repeatedly and may become bias in their decision. [49]
Appointment of DJ’s (Magistrates’ Court)
DJ’s are appointed by The Queen on recommendation of the Lord Chancellor. The statutory qualifications require DJ’s to be barristers or solicitors for at le
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