5) Magistrates Flashcards
What are lay magistrates
Volunteers who and not legally qualified (lay people)
What is lay mags role
- Sit in Magistrates court in benches of three. making up 85% of the judicial community
- Do not get a salary but will receive expenses for travel etc
- Required to do a minimum of 26 half days sittings/ 13 full days per year
- Use sentencing guidelines to aid them in decision making
What is mags role within criminal jurisdiction
- Mags hear all 95% of criminal cases, summary offences and lesser serious triable either way
- Have to decide verdict, whether bail should be allowed & appropriate sentence
- LASPO 2012, limited fine in certain cases
What does LASPO 2012 stand for
Legal aid, sentencing and Punishment of Offenders Act 2012
Do all criminal cases start in the mags
Yes all criminal cases start in the mags, and then can be passed on if jurisdiction is not enough
What are mags civil jurisdiction
- Cild custody and adoption
- Unpaid council tax
- Some will hear family cases and in youth courts - however, must be specially trained and experienced
Who and when set out the qualities of Mags, and what are they
1998, Lord Chancellor set out 6 qualities
- good character
- understanding and communication
- social awareness
- maturity and sound temperament
- sound judgement
- commitment and reliability
Who was responsible for appointing mags before 2013 and who is now responsible
- Lord Chancellor, before 2013
and now appointed by Lord Chief Justice
When applicants apply to be a magistrate what should the be
- ages 18-65
- hold no serious criminal conviction
- no have been banned from driving in the past 5-10 years
- not declared bankrupt
- not work in a job where there may be a conflict of interest
What is the selection and appointment of magistrates
- Usually apply, followed by 2 interviews before the Local advisory Committee (12 members)
What does the 1st and 2nd interview consist of when becoming a Magistrate
1 - panel assesses whether candidate has the 6 qualities, will assess attitudes to various aspects of crime
2 - tests judicial aptitude (ability to make sound judgement on cases)
Five step process of magistrates training
- Initial training, learns basics of role and observe other mags
- Mentoring
- Core training (visiting penal institutions)
- Consolidation training
- First appraisal
What training do magistrates uphold through the rest of their career after their initial training
- Appraisals (every 3yrs), ensures mag maintains competency
- Continuation training
- Update training, on new legislation
When do mags often retire
- Age of 70
Where can mags be dismissed and by who
s.11 Courts Act 2003 provided lord Chief Justice can remove lay mag from office on the ground of :
- incapacity or misbehaviour
- failure to meet standard
- neglecting proper part in exercising functions as a justice of the peace
What is the social composition of Mags (stats)
- Over 50% female
- 82% are over 50 years of age
- Almost 90% are white
Who aids and assists mags in court
- Legal Adviser, who has to be qualified as a solicitor/barrister for at least 5 years
Where are legal advisors role set out
S.28 Courts Act 2003
- Role is to advise mags on issues of law, policy and procedure
What are legal advisors not allowed to do
- Not allowed to assist mags in decision making
- R v Eccles, conviction dismissed do to aid from legal advisor in decision making
2 Advantages of Magistrates
- provide a better representation of society, over 50% women
- use of mags is much cheaper especially compared to a crown court judge
Disadvantage of Magistrates
- areas of society which are very underrepresented, e.g middle class holding managerial occupations - equation six they really have good knowledge on a whole
