Criminal: Magistrates - 2 Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

How many Magistrates sitting?

A

17,500

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Magistrates sit as benches of…

A

2-3

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Magistrates try what percentage of criminal cases?

A

94%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What percentage are tried by magistrates at a preliminary level?

A

6%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What happens to indictable offences at the magistrates court?

A

Transferred to Crown Court to deal with

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What type of case do magistrates here trials for?

A

Summary Offences and some triable either way offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is a magistrates role in a magistrates court?

A

Decide guilt of the D and pass verdict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

At the end of a trial (or if the D pleads guilty) what happens in a magistrates court?

A

Magistrates have the role of passing sentence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Why does a case get transferred up to the crown courts from the magistrates court

A

If the magistrates do not believe they have enough sentencing power for a higher sentence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Types of preliminary hearing?

A

Early Administrative Hearing
Bail Applications
Remand Hearings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Early administrative hearings do what?

A

Gather the D’s details, charged with, paperwork etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Bail Applications are what?

A

The Magistrates can decide whether or not the D is allowed to leave jail between arrest and court hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Remand Hearing

A

Appeals for bail again. Constant review in order to infringe D’s liberty as little as possible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What ages do Magistrates acting in youth courts interact with

A

10-17

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Magistrate boards sitting in youth courts sit as a board of…

A

At least one man and one woman

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Magistrates hear appeals where?

A

In the Crown Court

17
Q

How many Magistrates make up a board at a crown court appeal

A

2 Magistrates sitting with a qualified Judge. They hear all the evidence again and then pass verdict and sentence

18
Q

Magistrates role in regards to warrants

A

Magistrates hear warrant applications form the police and can sign to give police permission to enter the property

19
Q

Magistrates role in regards to detention periods

A

Magistrates hear applications to extend a suspects detention period from 36 hours to a possible 96

20
Q

Role of the Magistrates Clerk

A

Every bench is assisted by a clerk who is qualified as a barrister or solicitor for 5 years. Guide magistrates on law and procedure

21
Q

A Clerk assists in what? and under which act?

A

They do not assist in decision making but can deal with issuing warrants, extending bail etc.
Set out in the JUSTICES OF THE PEACE ACT 1979

22
Q

SELECTION AND APPOINTMENT

A

SELECTION AND APPOINTMENT

23
Q

3 stages to magistrate selection are…

A

Local advisory committee
Interview
Appointment

24
Q

STAGE 1 - The LAC is made up of whom?

A

Ex judges and magistrates

25
Q

STAGE 1 - Applications are made to the LAC to become a magistrate using what method?

A

Either through a direct application to the position of magistrate or through application via advertisements in the press. References are likely needed

26
Q

STAGE 2 - The interview to become a magistrate is made up of how many processes

A

2 Interviews

27
Q

STAGE 2 - The first interview assesses what?

A

Panel tries to find out more about the candidate’s personal attributes, in particular looking at whether they have the 6 key qualities. This assesses attitudes and personality. (Attitude towards certain issues like drink driving)

28
Q

STAGE 2 - The second interview tests what?

A

Tests a candidates JUDICIAL APTITUDE. This is done by a discussion of at least 2 case studies looking into potential sentences.

29
Q

STAGE 3 - Who appoints new magistrates?

A

The LAC submit the names of those they think are suitable to the Lord Chief Justice who will then appoint new magistrates .

30
Q

STAGE 3 - For how long does a magistrate stay a magistrate?

A

A new magistrate will be sworn in at the crown court and may continue to sit until 70 years of age

31
Q

TRAINING OF MAGISTRATES

A

TRAINING OF MAGISTRATES

32
Q

Who trains magistrates?

A

Magistrates are trained by the Magisterial Committee of the Judicial College under the Magistrates New Training Initiative. It is carried out in local areas by the clerk, Universities etc

33
Q

What are the 4 areas of competence new magistrates are trained to?

A

Managing yourself
Working as a team member
Making judicial decisions
Managing judicial decisions - Chairman only

34
Q

Magistrates training proves. 4 parts

A

Introductory Training
Core Training
Activities
Appraisals

35
Q

Introductory training to magistrates

A

Understand Organisation of the bench

Understand roles of those involved in court

Reading and distance learning

36
Q

Core training of magistrates

A

Give magistrates opportunity to learn and develop skills, knowledge and understanding of a competent magistrate

37
Q

Activities of magistrates

A

Observations of court sittings

Visit prisons and young offenders institution

38
Q

What is a winger

A

Magistrate after training will sit as a winger to hear cases. Sit next to a chairman

39
Q

Appraisal

A

During the first 2 years, some magistrate sessions are monitored.

Attend more training sessions

Appraisal checks if magistrates meet competencies

If not, complete more training then removed if still not