2: The qualification, selection and appointment of lay magistrates Flashcards
What are some requirements needed to be a lay magistrates?
Aged 18-74
Live close to the area they want to serve in.
They must be prepared to sit for at least 26 half days per year.
What disqualifies somebody from being able to be a lay magistrate?
Somebody with a serious criminal conviction.
Somebody with undischarged bankrupts.
Somebody who has or is related to somebody with an incompatible job.
How does selection begin?
With an advertisement on the ministry of justice website, in newspapers or on the radio, and then completion of an application form.
What is the applicant invited to if they are eligible?
A First Interview by the Local Advisory Committee. They aim to pick out a good cross section of society.
What are the 6 key qualities the candidate has to possess?
Understanding and communication.
Social awareness.
Maturity and sound temperament.
Sound judgement.
Commitment.
Reliability.
What happens in the second interview if the candidate is successful in the first?
2 cases are given to the candidate in order to test for “judicial aptitude” and look for possible conflicts in interest.
Who does the local advisory committee recommend appointment of a suitable candidate to?
The Lord/Lady Chief Justice.
Who does the Lord/Lady Chief Justice designate the appointment to?
The Senior Presiding Judge.
What does the candidate swear to do and who do they swear this to?
They swear on the King/Queen and the court, to carry out their duties “without fear or favour”.
