Judiciary and personnel of the court system Flashcards
(40 cards)
Are magistrates legally qualified?
No, magistrates are not legally qualified.
Do magistrates receive payment for their role?
No, magistrates are volunteers, but they receive expenses for their time
How many magistrates sit on a panel?
Magistrates sit on panels of 3.
One magistrate serves as the chair of the panel
who decides the guilt or innocence in magistrates court?
the magistrates judge OR justice of peace (same thing)
What are the six key qualities necessary for a magistrate?
- good character;
- understanding and communication;
- social awareness;
- maturity and sound temperament;
- sound judgment; and
- commitment and reliability
What role do legal advisers play for magistrates?
Legal advisers provide skilled analysis and interpretation of the law to magistrates when dealing with defendants and their crimes.
Can legal advisers tell magistrates whether to find a defendant innocent or guilty?
No, legal advisers cannot tell magistrates whether to find a defendant innocent or guilty
How can one become a magistrate court legal adviser?
You need to be a fully qualified solicitor with the relevant experience and knowledge.
Can a legal adviser progress in their career?
Yes, a legal adviser can progress to become a district judge or a senior legal adviser, overseeing multiple courts.
What are the sentencing powers of magistrates?
Magistrates can send the guilty to jail for a maximum of six months for a single offence, or 12 months in total, and impose unlimited fines.
What type of offences do magistrates typically handle?
Magistrates mostly handle minor offences, though some cases may be more serious or complex
What is the role of a district judge in the magistrate’s court?
A district judge handles more serious or complex case
What qualifications are required to become a district judge?
A district judge must have five years of appropriate professional legal experience and typically has served as a deputy district judge for at least 30 days.
What does the term “puisne” mean in relation to judges?
Puisne” refers to an ordinary High Court judge who is not the head of a division or senior to other judges
What is the role of circuit judges?
Circuit judges are junior personnel attached to regions around England and Wales
What is the requirement for becoming a circuit judge?
To become a circuit judge, a person must have held rights of audience for a suitable period and typically have served part-time as a recorder or full-time as a district judge.
What is a recorder?
A recorder is the most junior level of circuit judge, mandated by Section 21 of the Courts Act 1971, and presides on a part-time basis.
What is the role of a jury in a trial?
The jury listens to the advocates, witnesses, and the defendant (if they give evidence), evaluates all they have heard, and decides on the innocence or guilt of the defendant.
Does a jury need legal knowledge?
No, jurors do not require legal knowledge or understanding
How does a jury decide the outcome of a trial?
After the trial, the jury deliberates in a room to reach a verdict. They are guided by the judge on the law, but the final decision on guilt or innocence is theirs.
Is jury service voluntary or obligatory?
Jury service is considered a duty and is obligatory unless a satisfactory excuse is provided and accepted under the 1974 Act
What are the eligibility requirements for jury service?
- Individuals between the ages of 18 and 75,
- registered on the electoral roll, and
- have lived in the UK for the last five years are eligible for jury service.
Can a defendant challenge the selection of jurors?
yes, a defendant can challenge the appointment of individual jurors if they are in anyway BIAS.
How must a jury deliver its verdict?
Jurors are encouraged to return a unanimous verdict. If this is not possible, a majority verdict is acceptable under the 1974 Act.
