Task 5. Read the article and translate it

Come and lay down the law

The UK government is looking for more men and women from all parts of society and every sort of background, to administer justice in their communities, making them safer and better for all.

Lay magistrates - also known as Justices of the Peace (JPs) – are long established and vital members of the legal system of England and Wales. They are appointed individually by the Secretary of State for Constitutional Affairs and Lord Chancellor - Lora Falconer - on behalf of the sovereign to whom they swear or affirm their allegiance.

Now, Lord Falconer's new national strategy for the recruitment of lay magistrates aims to sign up as many as 3,000 new JPs by 2006 to manage extra work likely to be fed through the magistrates’ courts from UK government initiatives to narrow the justice gap by bringing more offences to court. The recently introduced Courts Act 2003 gives magistrates increased sentencing powers that will also add to the amount of work they receive.

There are about 28,000 lay magistrates in England and Wales. Drawn from volunteers, no payment is made by the state for their services. Some employers - as well as granting time for court duties - continue to pay usual earnings for time spent in court. But should a loss of remuneration be suffered, allowances within prescribed limits for travelling expenses, subsistence and financial loss may be claimed from the appropriate authority.

The importance of JPs is evident when it is noted that the courts in which they sit deal with 95 per cent of all criminal cases from beginning to end. Magistrates also decide many civil matters, particularly in relation to family work.

Specially selected and trained members of the Family Court panels deal with a range of matters, most of which arise from the breakdown of marriage as, for example, making orders for 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.

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 dubs. All magistrates carry out some routine licensing work.

Magistrates are expected to play a part in the life of the bench (court) and, where possible, attend bench meetings. 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.

Younger people are one of the targets of the campaign because fewer than four per cent of active magistrates are under 40 years old and about 80 per cent are more than 50. In some regions ethnic minorities are under represented and in such cases members of these groups are being encouraged to apply for appointment.

The age limit for appointees is between 18 and 65 with retirement at 70. A feature of the system is that it is locally based, magistrates being drawn from the community. Candidates are expected to live and work near to the bench where they hope to be appointed.

The recruitment campaign for new magistrates involves working with the Lord Chancellor's advisory committees in England and Wales. This will include a free-phone facility for prospective applicants and mass-media advertisements - from buses to radio - and leaflets.

"One of the main difficulties in recruiting minority-ethnic communities lies in the generally held, but erroneous view, that to become a magistrate you have to be white, middle class, middle aged and professional," said Lord Falconer. "This is a preconception which we have to challenge".

Candidates must display certain key criteria to be appointed — good character common sense, social awareness, sound temperament, good judgement and commitment.

Magistrates are not required to have formal or academic qualifications. They are given a programme of practice training. The purpose of the training is to enable them to understand their duties, to obtain sufficient knowledge of the law to follow normal cases, to acquire a working knowledge of the rules of evidence and to appreciate the nature and purpose of sentences. It includes talks and discussions, practical exercises, observing in court and visits to prison establishments. The advisory committees carry out recruitment on behalf of the Lord Chancellor and recommend people whom they feel are suitable for appointment.

Recruitment of younger magistrates has in the past proved difficult because of a reluctance of some employers to allow their staff the time needed to serve as magistrates. To get over this difficulty the recruitment strategy seeks to raise the profile of the magistracy and develop ways of recruiting prospective magistrates from groups not adequately represented.

Employers are to be encouraged to realise that in allowing staff adequate time to fulfil their magisterial duties they are contributing to the maintenance of local justice and values of good citizenship. Similarly, self-employed individuals should be shown that they also have a part to play by applying their individual talents to foster the cause of justice in the community.

Time is an important factor in ensuring that the training given to magistrates is used in an effective and efficient way. The Lord Chancellor expects magistrates to sit for a minimum of 26 half-days annually, that equates to little more than one day a month. Training and meetings are an additional demand on time but these are often held outside working hours to enable magistrates to fit them around their home and working life.

The Lord Chancellor will not appoint anyone from certain occupations and callings. These include serving or recently retired police officers, members of the special constabulary, traffic wardens and full-time members of the armed forces.

These are only examples of the considerable number of individuals who are ineligible for appointment. In some instances close relatives and spouses are included. In addition to the above anyone whose work in the community is clearly incompatible with the work of a magistrate will not be appointed.

by Peter Reeves, London Press Service