Criminal: Magistrates - 2 Flashcards
How many Magistrates sitting?
17,500
Magistrates sit as benches of…
2-3
Magistrates try what percentage of criminal cases?
94%
What percentage are tried by magistrates at a preliminary level?
6%
What happens to indictable offences at the magistrates court?
Transferred to Crown Court to deal with
What type of case do magistrates here trials for?
Summary Offences and some triable either way offences
What is a magistrates role in a magistrates court?
Decide guilt of the D and pass verdict
At the end of a trial (or if the D pleads guilty) what happens in a magistrates court?
Magistrates have the role of passing sentence.
Why does a case get transferred up to the crown courts from the magistrates court
If the magistrates do not believe they have enough sentencing power for a higher sentence.
Types of preliminary hearing?
Early Administrative Hearing
Bail Applications
Remand Hearings
Early administrative hearings do what?
Gather the D’s details, charged with, paperwork etc
Bail Applications are what?
The Magistrates can decide whether or not the D is allowed to leave jail between arrest and court hearing
Remand Hearing
Appeals for bail again. Constant review in order to infringe D’s liberty as little as possible
What ages do Magistrates acting in youth courts interact with
10-17
Magistrate boards sitting in youth courts sit as a board of…
At least one man and one woman
Magistrates hear appeals where?
In the Crown Court
How many Magistrates make up a board at a crown court appeal
2 Magistrates sitting with a qualified Judge. They hear all the evidence again and then pass verdict and sentence
Magistrates role in regards to warrants
Magistrates hear warrant applications form the police and can sign to give police permission to enter the property
Magistrates role in regards to detention periods
Magistrates hear applications to extend a suspects detention period from 36 hours to a possible 96
Role of the Magistrates Clerk
Every bench is assisted by a clerk who is qualified as a barrister or solicitor for 5 years. Guide magistrates on law and procedure
A Clerk assists in what? and under which act?
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
SELECTION AND APPOINTMENT
SELECTION AND APPOINTMENT
3 stages to magistrate selection are…
Local advisory committee
Interview
Appointment
STAGE 1 - The LAC is made up of whom?
Ex judges and magistrates
STAGE 1 - Applications are made to the LAC to become a magistrate using what method?
Either through a direct application to the position of magistrate or through application via advertisements in the press. References are likely needed
STAGE 2 - The interview to become a magistrate is made up of how many processes
2 Interviews
STAGE 2 - The first interview assesses what?
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)
STAGE 2 - The second interview tests what?
Tests a candidates JUDICIAL APTITUDE. This is done by a discussion of at least 2 case studies looking into potential sentences.
STAGE 3 - Who appoints new magistrates?
The LAC submit the names of those they think are suitable to the Lord Chief Justice who will then appoint new magistrates .
STAGE 3 - For how long does a magistrate stay a magistrate?
A new magistrate will be sworn in at the crown court and may continue to sit until 70 years of age
TRAINING OF MAGISTRATES
TRAINING OF MAGISTRATES
Who trains magistrates?
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
What are the 4 areas of competence new magistrates are trained to?
Managing yourself
Working as a team member
Making judicial decisions
Managing judicial decisions - Chairman only
Magistrates training proves. 4 parts
Introductory Training
Core Training
Activities
Appraisals
Introductory training to magistrates
Understand Organisation of the bench
Understand roles of those involved in court
Reading and distance learning
Core training of magistrates
Give magistrates opportunity to learn and develop skills, knowledge and understanding of a competent magistrate
Activities of magistrates
Observations of court sittings
Visit prisons and young offenders institution
What is a winger
Magistrate after training will sit as a winger to hear cases. Sit next to a chairman
Appraisal
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
