Criminal courts and lay people

Question 1

Magistrates role overall

Answer 1

decide guilt + sentence
preliminary hearings
youth court
appeals
administrative hearings
Clerk

Question 2

Number of cases heard by magistrates

Answer 2

94% of criminal
6% at preliminary

Question 3

types of preliminary hearings

Answer 3

Early administrative - facts of case
Bail applications
Remand hearings - 2nd bail application

Question 4

Act + section that set out magistrates clerk actions

Answer 4

S.28(3) - Justices of the peace act 79

advise on law, practice + procedure

Question 5

Qualifications of magistrates overall

Answer 5

age 18-70
live locally
key qualities
Judicial qualities
26half days a year

Question 6

magistrates 6 key qualities

Answer 6

good character
understanding + communication
social awareness
maturity + sound temperament
sound judgement
commitment + reliability

Question 7

where must magistrates live or work

Answer 7

local justice area

Question 8

magistrates judicial qualities

Answer 8

assimilate factual information
make reasoned decision

Question 9

restrictions to being a magistrate

Answer 9

serious convictions
bankrupt
work in forces
close relatives to same bench

Question 10

selection and appointment of magistrates stages

Answer 10

LACs
the interview
appointment

Question 11

define LACs

Answer 11

local advisory committees
ensure cross section of society
made up of : ex, current and non-magistrates

Question 12

what happens in the interview

Answer 12

1st - check they meet the 6 key qualities through attitude to various issues

2nd - test judicial aptitude through case studies - at least 2

Question 13

What happens in the appointment

Answer 13

LAC submits names to Lord Chief Justice
sworn in at crown court
minimum of 26 half days sitting