Criminal Courts: Magistrates Flashcards
What does lay people mean?
People who are not legally trained.
What qualifies someone to be a magistrate?
-18-65 years old when appointed
-Live in or near the area local to the justice are where they serve as a magistrate
-Commit to sitting at least 26 half days or 13 full days a year
Who can’t serve as a magistrate?
-People with a criminal record
-Blind or deaf people
-Someone who is bankrupt
-A serving solider
-Law enforcement officers
What are the 6 qualities sought in a prospective magistrate
-Good judgement
-Commitment and reliability
-Understanding and communication
-Maturity and good temperament
-Good character
-Social awareness
How do prospective magistrates apply?
They can apply via directgov website or by post in response to a job advert.
Who creates the shortlist and checks references?
The Local Advisory Committee then creates the shortlist and checks references.
What happens at the interview stage?
The interview panel consists of 2 magistrates and one other person. There are 2 interviews: one which examines character and the other which includes trial and sentencing exercises.
What happens after the interviews?
Candidates are reviewed by the LAC to ensure a balanced bench (e.g. age, gender, occupation) The committee submits its recommendations to the Lord Chief of Justice.
What happens after the interviews and recommendations are complete?
The Lord Chief Justice makes the appointment on behalf of the King.
What can magistrates do pre-trial?
-Hear applications for bail or remand
-Issue warrants
-Issue summons
-Extend time police can hold a suspect by a max of 96 hours
-refer offences to the crown court for trial
What do Magistrates do during the trial?
-Hear summary and TEW cases
- Listen to evidence
- Take legal advice from the court clerk
- reach a verdict
- Can hear 10-17 year olds cases in Youth Court
What do Magistrates do post-trial?
-Sentence if the D is found guilty
- Can hear appeals against sentence or conviction in the Crown Court with a qualified judge
