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Magistrates are members of the local community appointed by the Lord Chancellor or the Chancellor of the Duchy of Lancaster. 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 they begin sitting and they continue to receive training throughout their service. Magistrates are unpaid volunteers but they may receive allowances to cover travelling expenses and subsistence.
Dealing with criminal offences
Magistrates deal with two categories of crime:
- serious (referred to as either-way offences) e.g. theft or fraud where magistrates may deal with the case or refer it to the Crown Court;
- less serious (referred to as summary offences) e.g. traffic matters, which are only dealt with by magistrates.
The maximum penalty available to magistrates is six months' imprisonment but magistrates can impose community penalties, compensation and fines.
More information can be found on the Magistrates Association website (www.magistrates-association.org.uk) and the website of Her Majesty's Courts Service (www.hmcourts-service.gov.uk/index.htm).
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