Lay magistrate in the context of Family proceedings court


Lay magistrate in the context of Family proceedings court

⭐ Core Definition: Lay magistrate

In England and Wales, magistrates (/ˈmæɪstrət/; Welsh: ynad) are highly trained volunteers and members of the judiciary who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates have equal sentencing powers to district judges (formerly stipendiary magistrates) and deliver verdicts on both "summary" and "either way" offences that carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they preside over disputes that involve children, and in the youth court, which deals with criminal matters involving young people aged 10–17. Established in the 14th century, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'justice by one's peers'.

Magistrates typically sit as a bench of three, known as a panel, mixed in gender, age and ethnicity where possible, to bring a broad experience of life to the bench. They can sit alone to preside over warrant applications, such as granting authorisation or deal with uncontested matters heard under the single justice procedure. All members of the bench have equal decision-making powers, but only the chairman, known as the Presiding Justice (PJ), speaks in court and presides over proceedings. Magistrates are not required to have legal qualification; they are assisted in court by a legal adviser, who is a qualified solicitor or barrister, and will ensure that the court is properly directed regarding the law.

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👉 Lay magistrate in the context of Family proceedings court

In England and Wales, family proceedings court was the name given to a magistrates' court when members of the court's family panel sat to hear a family case. It was a court of first instance in England and Wales that dealt with family matters. Cases were either heard in front of a bench of lay magistrates or a district judge (magistrates' courts).

From 22 April 2014 the family proceedings court has ceased to exist and its functions were absorbed into the new single Family Court following the enactment of the Crime and Courts Act 2013. Magistrates continue to sit in family proceedings in the way described but within a different court arrangement.

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Lay magistrate in the context of Stipend

A stipend is a regular fixed sum of money paid for services or to defray expenses, such as for scholarship, internship, or apprenticeship. It is often distinct from an income or a salary because it does not necessarily represent payment for work performed; instead it represents a payment that enables somebody to be exempt partly or wholly from waged or salaried employment in order to undertake a role that is normally unpaid or voluntary, or which cannot be measured in terms of a task (e.g. members of the clergy). A paid judge in an English or Welsh magistrates' court was formerly termed a "stipendiary magistrate", as distinct from the unpaid "lay magistrates". In 2000, these were respectively renamed "district judge" and "magistrate".

Stipends are usually lower than would be expected as a permanent salary for similar work. This is because the stipend is complemented by other benefits such as accreditation, instruction, food, and/or accommodation.

View the full Wikipedia page for Stipend
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