3. Lay People: Magistrates Flashcards
What are the requirements for qualification and selection of magistrates?
-Requirement 1: Six Key Qualities
-Requirement 2: Oath of Allegiance
-Requirement 3: Criminal Convictions
-Requirement 4: Age
What would you write for the intro for qualification and selection of Magistrates?
-Magistrates also known as justices of the peace. They are lay which means they have no legal qualifications
- They sit on a bench of three in Magistrates Court and expected to work 26.5 days for free
-Becoming a Magistrate must satisfy three requirements
Explain the first requirement: six key qualities
- Be of good character
- Have good understanding and communication
- Have good social awareness
- Be of sound judgement
- Be mature and sound temperament
- Be committed and reliable
Explain the second requirement: the Oath of Allegiance
-They do not have to be a British National to become a Magistrate, but if they are in the process of seeking asylum then they are not eligible.
-Some professions are ineligible due to a conflict of interest which is thought to affect ability to be impartial.
What are some examples of situations where there is a conflict of interest?
Police, MP’s, solicitors, barristers, judges, free mason, members of the armed forces, House of Lords member, or if your spouse or partner is any of the above
Explain requirement three: criminal convictions
-Any applicant must disclose any criminal convictions, any civil orders and their spouse/partners convictions
-If they have disclosed a serious offence or a series of minor ones they cannot be appointed because the Advisory Committee will think that public will not have confidence in them
Explain requirement four: Age
-Magistrates must be aged between 18-65, they will retire at 70
What are the 8 stages of Magistrate selection
-New Magistrates needed
-Advert for New Magistrates
-Public awareness day for insights into court and role
-Application form and DVD downloaded
-Application form completed to reflect eligibility
-Form will then be checked for candidates eligibility
-First interview with Advisory Committee and Second Interview with practical examples
-The Advisory Committee will make their recommendations to the Lord Chancellor who will then appoint Magistrate
What is the intro to the role of Magistrates?
Lord Chancellors directions for the Advisory Committee on the Justice’s of the Peace states that:
-each Magistrates bench should broadly reflect the community that it serves. -They sit on a bench of three; one chairman and two wingers (at least one man and one woman).
-They are lay, meaning they have no legal qualifications and are required to work 26.5 days per year for free.
What is the role of Magistrates in Summary Cases?
Magistrates set a timetable for case and decide bail, at trial they:
-Hear evidence
-Decide Guilt
-Pass sentence
(max 5k or 6 months)
What is the role of Magistrates in Either Way cases?
Pre trial: set timetable for case and decide bail, in the trial:
-Mode of trial: decide if they have jurasdiction to hear case in magistrates court of case should be committed to crown
-If D pleads guilty they pass sentence in powers
-If D pleads not guilty there will be trial, hear evidence, decide guilt and sentence
What are the roles of Magistrates in Indictable Cases?
-First Hearing only
-Commit the case to the crown court
-Have the power to decide bail
What other powers do Magistrates have?
-Youth Court: they have different sentencing powers
-Family court (divorce, custody and disputes)
-Civil Court (gambling/alcohol)
-Can also issue search and arrest warrants
