Magistrates'
Association

Mid & South Glamorgan Branch

The Lay Magistracy

Main Index | History | Duties | Appointment

Duties and Responsibilities

Magistrates are members of the local community appointed by the Lord Chancellor.

• No formal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly. Membership should be widely spread throughout the area covered and drawn from all walks of life.

• All magistrates are carefully trained before sitting and continue to receive training throughout their service.

Magistrates are unpaid volunteers but they may receive allowances to cover travelling expenses and subsistence.

Each magistrate is expected to undertake a fair share of the work of the Bench. The Lord Chancellor requires that a magistrate should sit for at least 26 half days each year and endeavour to be available to sit for up to 35 half days each year. Magistrates should be prepared to sit for a whole day if necessary.

Magistrates normally exercise their duties as part of a bench of three. They will at all times have available to them the advice of a qualified court clerk. Their duties include:

Criminal Matters

Over 95% of all criminal cases are dealt with by magistrates, either in the adult Court, or in the youth Court. The work involves, amongst other things, deciding on applications for bail, whether a defendant is guilty or not and passing sentences as appropriate. For a single criminal offence committed by an adult, magistrates' sentencing powers include the imposition of fines, community service orders, probation orders or a period of not more than six months in custody. Magistrates may also sit in the Crown Court with a judge to hear appeals against conviction and/or sentence at  magistrates' courts .

Civil Matters

Magistrates decide many civil matters, particularly in relation to family work. Specially selected and trained members of the family court panels deal with a wide range of matters, most of which arise from the breakdown of marriage e.g. making orders for the residence of and contact with children. Proceedings relating to the care and control of children are also dealt with in family proceedings courts.

The civil jurisdiction also involves the enforcement of financial penalties and orders such as those in respect of non-payment of council tax.

Other Duties

Members of specialist committees are responsible for the administration of the liquor licensing system and for the grant or refusal of applications for licences and permits relating to betting and the registration of gaming clubs. Most magistrates carry out some routine licensing work.

Magistrates are expected to play a part in the life of the bench and where possible, attend bench meetings etc. They may undertake work out of Court, as members of committees. They are also expected to deal, at home, with requests for warrants for arrest and search and to take declarations of various kinds.

Stipendiary Magistrates

Apart from lay magistrates, there are about 90 stipendiary magistrates who are paid professional lawyers. They sit alone, mostly in larger cities and occasionally assist local benches.