1B.6.1 Magistrates Flashcards
What do magistrates get in terms of money?
They are unpaid, except for expenses
What are magistrates supposed to do in society?
They are supposed to represent a cross section of society
How many magistrates sit on a bench?
Magistrates sit as a bench of 3
What percentage of criminal cases do magistrates deal with?
Deal with 95% of all criminal cases
What qualifications must magistrates have?
No special qualifications are required
What are the 6 key qualities that magistrates must posses?
- Good character and integrity
- Good understanding and communication
- Good social awareness
- Be mature and of sound temperament
- Have sound judgement
- Have good commitment and reliability
What type of professions are disqualified from becoming a magistrate? Why?
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.
What must magistrate applicants enclose to prove that they have a good character and integrity?
They must disclose all criminal convictions, however minor
What are the age limits of becoming a magistrate?
Applicants must be between 18 and 70. Although, under 29s are unlikely to be appointed due to lack of life experience.
What is the very first step of the selection of a magistrate?
An advertisement is placed in the local area.
What does the magistrate application form reflect?
It reflects the eligibility criteria
If a magistrate initial application is successful, what will happen next?
The Local Advisory Committee will invite to a first interview
What is assessed in the first magistrate interview?
The 6 key qualities
What happens in the second interview to become a magistrate?
The applicants will be asked to discuss past cases and their outcomes
What happens after the second interview in the process to become a magistrate?
The LAC will send recommendations to the Lord Chancellor who will make appointments
Who is magistrate training often carried out by?
Training is often carried out by the Court Clerk
What is magistrate training based on?
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)
What is magistrate initial training?
It’s the introductory training on the basics of the roll
What is the mentoring stage of magistrate training?
Each new magistrate has a mentor for the first 12-18 months
What is the core training stage of magistrate training?
Over the first year, visits will take place to penal institutions
What is the consolidation stage of training a magistrate?
Happens at the end of the first year. Builds on learning from sittings and core training,
What happens in the first appraisal stage of training a magistrate?
The magistrate will discuss the first 12-18 months with their mentor
How long is a magistrate expected to sit a year?
A magistrate is required to sit at least 26 half days a year
What is the role of the court clerk in the court room?
They give legal advice, and they advise on possible sentences
What is the role of the magistrate outside of the courtroom?
- Sign police warrants authorising arrest
- Sign warrant to search premises
- Authorise extensions of custody to 96 hours
What is the maximum power of magistrates?
- 6 months imprisonment
- £5,000 fine
