#Exam 1- Lay Magistrates Flashcards
how many magistrates are there roughly
17,500
what is another name for magistrates
justices of the peace
how many magistrates sit on a bench
2 or 3
does Magistrate need legal qualifications
no, they are ‘lay’
what 6 qualities should a magistrate have?
good character understanding and communication social awareness maturity and sound temperament sound judgement commitment
what qualities should magistrates be similar to and how
judges ( assimilate factual information, and work as a team)
what are the requirements a magistrate must meet
18-65 for appointment and 18-70 can serve
what percentage of magistrates are under 40
3%
up until 2003 what was required of magistrates
to live within 15 miles of commissioned area
magistrates are expected to live or work in…
in the local justice area
what decides where a case will be held
where the offence has been committed, or the person charged with the offence lives, or the witness or witnesses live in that are
they can also be tried alongside other cases where similar issues have arisen
how many days does a magistrate sit a year
26 half days a year
how much do magistrates earn
nothing only expenses are paid
who are disqualified from being magistrates
those with serious criminal offences undischarged bankrupts members of the forces or those with incompatible work such as police officer or traffic warden relatives of police officers
how many magistrates are appointed each year
roughly 700
who appoints magistrates
lord chief justice
who has been delegated with the role of appointing new magistrates
senior presiding judge
who recommends the senior judge on who to appoint as a magistrate
local advisory committee
who tend to be members of the advisory committees
ex-magistrates
how many members are on the committees
12
how are magistrates encouraged to become one
adverts in the newspaper and on buses etc
what percentage of magistrates can all have the same occupation
15%
how many interviews are there before becoming a magistrate
2
what happens in the first interview when becoming a magistrate
assess 6 key qualities and find out attitudes to crimes eg drunk driving
what happens in the 2nd interview when becoming a magistrate
looks at potential judicial aptitude and looks at case studies and what the possible sentence could be
what does the advisory committee do after the 2 interviews
give suitable advice to the lord chief justice or his delegate
what percentage of women are magistrates
53%
what percentage of magistrates are ethnic minorities
11%
what percentage of magistrates have a disability
4%
how do the magistrates have a good representation of ethnic minorities
through advertising in papers and tv guides ie Muslim news
what cases do magistrates deal with
all summary
certain triable either way offences
what percentage of criminal cases do magistrates hear each year
94%
who sits with magistrates on appeal hearings
a judge
what do the magistrates do regarding indictable offences
transfer to crown court and sometimes have the preliminary hearing
which court do the magistrates also do sentencing within
the youth court
who must sit in the youth court
a man and a woman
who supervises magistartes training
the magisterial committee of the judicial college
are magistrates training local
yes due to the large amounts who complete it
what are the three parts of a magistrates training
initial introductory training- roles and responsibilities and understanding the bench
core training- key knowledge and understanding
activities- sitting in court as well as visiting a prison
what is a magistrates appraisal
after the first 2 years of training, the magistrate is assessed to see if they are competent or not and are given an appraisal.
what is a magistrates clerk
a legal advisor
what can’t a magistrates clerk do
advise the decision
what are the advantages of magistrates
cross-section of society local knowledge cheaper than professional judges well trained and have a legal advisor less than 11,000 appeals each year
what are the disadvantages of lay magistrates
middle age and middle class
inconsistencies in sentencing
rely too heavily on the clerk
prosecution bias (believing police too easily)
