1B.6.1 Magistrates

Question 1

What do magistrates get in terms of money?

Answer 1

They are unpaid, except for expenses

Question 2

What are magistrates supposed to do in society?

Answer 2

They are supposed to represent a cross section of society

Question 3

How many magistrates sit on a bench?

Answer 3

Magistrates sit as a bench of 3

Question 4

What percentage of criminal cases do magistrates deal with?

Answer 4

Deal with 95% of all criminal cases

Question 5

What qualifications must magistrates have?

Answer 5

No special qualifications are required

Question 6

What are the 6 key qualities that magistrates must posses?

Answer 6

1. Good character and integrity
2. Good understanding and communication
3. Good social awareness
4. Be mature and of sound temperament
5. Have sound judgement
6. Have good commitment and reliability

Question 7

What type of professions are disqualified from becoming a magistrate? Why?

Answer 7

The armed forces and the police are disqualified, as they may know too many people in the court room, and they may not be able to give up the time required. This disqualification extends to spouses also.

Question 8

What must magistrate applicants enclose to prove that they have a good character and integrity?

Answer 8

They must disclose all criminal convictions, however minor

Question 9

What are the age limits of becoming a magistrate?

Answer 9

Applicants must be between 18 and 70. Although, under 29s are unlikely to be appointed due to lack of life experience.

Question 10

What is the very first step of the selection of a magistrate?

Answer 10

An advertisement is placed in the local area.

Question 11

What does the magistrate application form reflect?

Answer 11

It reflects the eligibility criteria

Question 12

If a magistrate initial application is successful, what will happen next?

Answer 12

The Local Advisory Committee will invite to a first interview

Question 13

What is assessed in the first magistrate interview?

Answer 13

The 6 key qualities

Question 14

What happens in the second interview to become a magistrate?

Answer 14

The applicants will be asked to discuss past cases and their outcomes

Question 15

What happens after the second interview in the process to become a magistrate?

Answer 15

The LAC will send recommendations to the Lord Chancellor who will make appointments

Question 16

Who is magistrate training often carried out by?

Answer 16

Training is often carried out by the Court Clerk

Question 17

What is magistrate training based on?

Answer 17

It is based on competences:

• How to manage yourself in the court room
• Working as a member of a team
• Making judicial decisions
• Managing judicial decision-making (for the chair of the bench)

Question 18

What is magistrate initial training?

Answer 18

It’s the introductory training on the basics of the roll

Question 19

What is the mentoring stage of magistrate training?

Answer 19

Each new magistrate has a mentor for the first 12-18 months

Question 20

What is the core training stage of magistrate training?

Answer 20

Over the first year, visits will take place to penal institutions

Question 21

What is the consolidation stage of training a magistrate?

Answer 21

Happens at the end of the first year. Builds on learning from sittings and core training,

Question 22

What happens in the first appraisal stage of training a magistrate?

Answer 22

The magistrate will discuss the first 12-18 months with their mentor

Question 23

How long is a magistrate expected to sit a year?

Answer 23

A magistrate is required to sit at least 26 half days a year

Question 24

What is the role of the court clerk in the court room?

Answer 24

They give legal advice, and they advise on possible sentences

Question 25

What is the role of the magistrate outside of the courtroom?

Answer 25

• Sign police warrants authorising arrest
• Sign warrant to search premises
• Authorise extensions of custody to 96 hours

Question 26

What is the maximum power of magistrates?

Answer 26

• 6 months imprisonment

- £5,000 fine