#Exam 1- Lay Magistrates

Question 1

how many magistrates are there roughly

Answer 1

17,500

Question 2

what is another name for magistrates

Answer 2

justices of the peace

Question 3

how many magistrates sit on a bench

Answer 3

2 or 3

Question 4

does Magistrate need legal qualifications

Answer 4

no, they are ‘lay’

Question 5

what 6 qualities should a magistrate have?

Answer 5

good character
understanding and communication
social awareness
maturity and sound temperament 
sound judgement 
commitment

Question 6

what qualities should magistrates be similar to and how

Answer 6

judges ( assimilate factual information, and work as a team)

Question 7

what are the requirements a magistrate must meet

Answer 7

18-65 for appointment and 18-70 can serve

Question 8

what percentage of magistrates are under 40

Answer 8

3%

Question 9

up until 2003 what was required of magistrates

Answer 9

to live within 15 miles of commissioned area

Question 10

magistrates are expected to live or work in…

Answer 10

in the local justice area

Question 11

what decides where a case will be held

Answer 11

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

Question 12

how many days does a magistrate sit a year

Answer 12

26 half days a year

Question 13

how much do magistrates earn

Answer 13

nothing only expenses are paid

Question 14

who are disqualified from being magistrates

Answer 14

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

Question 15

how many magistrates are appointed each year

Answer 15

roughly 700

Question 16

who appoints magistrates

Answer 16

lord chief justice

Question 17

who has been delegated with the role of appointing new magistrates

Answer 17

senior presiding judge

Question 18

who recommends the senior judge on who to appoint as a magistrate

Answer 18

local advisory committee

Question 19

who tend to be members of the advisory committees

Answer 19

ex-magistrates

Question 20

how many members are on the committees

Answer 20

12

Question 21

how are magistrates encouraged to become one

Answer 21

adverts in the newspaper and on buses etc

Question 22

what percentage of magistrates can all have the same occupation

Answer 22

15%

Question 23

how many interviews are there before becoming a magistrate

Answer 23

2

Question 24

what happens in the first interview when becoming a magistrate

Answer 24

assess 6 key qualities and find out attitudes to crimes eg drunk driving

Question 25

what happens in the 2nd interview when becoming a magistrate

Answer 25

looks at potential judicial aptitude and looks at case studies and what the possible sentence could be

Question 26

what does the advisory committee do after the 2 interviews

Answer 26

give suitable advice to the lord chief justice or his delegate

Question 27

what percentage of women are magistrates

Answer 27

53%

Question 28

what percentage of magistrates are ethnic minorities

Answer 28

11%

Question 29

what percentage of magistrates have a disability

Answer 29

4%

Question 30

how do the magistrates have a good representation of ethnic minorities

Answer 30

through advertising in papers and tv guides ie Muslim news

Question 31

what cases do magistrates deal with

Answer 31

all summary | certain triable either way offences

Question 32

what percentage of criminal cases do magistrates hear each year

Answer 32

94%

Question 33

who sits with magistrates on appeal hearings

Answer 33

a judge

Question 34

what do the magistrates do regarding indictable offences

Answer 34

transfer to crown court and sometimes have the preliminary hearing

Question 35

which court do the magistrates also do sentencing within

Answer 35

the youth court

Question 36

who must sit in the youth court

Answer 36

a man and a woman

Question 37

who supervises magistartes training

Answer 37

the magisterial committee of the judicial college

Question 38

are magistrates training local

Answer 38

yes due to the large amounts who complete it

Question 39

what are the three parts of a magistrates training

Answer 39

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

Question 40

what is a magistrates appraisal

Answer 40

after the first 2 years of training, the magistrate is assessed to see if they are competent or not and are given an appraisal.

Question 41

what is a magistrates clerk

Answer 41

a legal advisor

Question 42

what can't a magistrates clerk do

Answer 42

advise the decision

Question 43

what are the advantages of magistrates

Answer 43

``` cross-section of society local knowledge cheaper than professional judges well trained and have a legal advisor less than 11,000 appeals each year ```

Question 44

what are the disadvantages of lay magistrates

Answer 44

middle age and middle class inconsistencies in sentencing rely too heavily on the clerk prosecution bias (believing police too easily)