Criminal: Magistrates - 2

Question 1

How many Magistrates sitting?

Answer 1

17,500

Question 2

Magistrates sit as benches of…

Answer 2

2-3

Question 3

Magistrates try what percentage of criminal cases?

Answer 3

94%

Question 4

What percentage are tried by magistrates at a preliminary level?

Answer 4

6%

Question 5

What happens to indictable offences at the magistrates court?

Answer 5

Transferred to Crown Court to deal with

Question 6

What type of case do magistrates here trials for?

Answer 6

Summary Offences and some triable either way offences

Question 7

What is a magistrates role in a magistrates court?

Answer 7

Decide guilt of the D and pass verdict

Question 8

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

Answer 8

Magistrates have the role of passing sentence.

Question 9

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

Answer 9

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

Question 10

Types of preliminary hearing?

Answer 10

Early Administrative Hearing
Bail Applications
Remand Hearings

Question 11

Early administrative hearings do what?

Answer 11

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

Question 12

Bail Applications are what?

Answer 12

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

Question 13

Remand Hearing

Answer 13

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

Question 14

What ages do Magistrates acting in youth courts interact with

Answer 14

10-17

Question 15

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

Answer 15

At least one man and one woman

Question 16

Magistrates hear appeals where?

Answer 16

In the Crown Court

Question 17

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

Answer 17

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

Question 18

Magistrates role in regards to warrants

Answer 18

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

Question 19

Magistrates role in regards to detention periods

Answer 19

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

Question 20

Role of the Magistrates Clerk

Answer 20

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

Question 21

A Clerk assists in what? and under which act?

Answer 21

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

Question 22

SELECTION AND APPOINTMENT

Answer 22

SELECTION AND APPOINTMENT

Question 23

3 stages to magistrate selection are…

Answer 23

Local advisory committee
Interview
Appointment

Question 24

STAGE 1 - The LAC is made up of whom?

Answer 24

Ex judges and magistrates

Question 25

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

Answer 25

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

Question 26

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

Answer 26

2 Interviews

Question 27

STAGE 2 - The first interview assesses what?

Answer 27

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)

Question 28

STAGE 2 - The second interview tests what?

Answer 28

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

Question 29

STAGE 3 - Who appoints new magistrates?

Answer 29

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

Question 30

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

Answer 30

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

Question 31

TRAINING OF MAGISTRATES

Answer 31

TRAINING OF MAGISTRATES

Question 32

Who trains magistrates?

Answer 32

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

Question 33

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

Answer 33

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

Question 34

Magistrates training proves. 4 parts

Answer 34

Introductory Training Core Training Activities Appraisals

Question 35

Introductory training to magistrates

Answer 35

Understand Organisation of the bench Understand roles of those involved in court Reading and distance learning

Question 36

Core training of magistrates

Answer 36

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

Question 37

Activities of magistrates

Answer 37

Observations of court sittings Visit prisons and young offenders institution

Question 38

What is a winger

Answer 38

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

Question 39

Appraisal

Answer 39

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