L12-14 Magistrates

Question 1

Which act founded Magistrates

Answer 1

Justices of the Peace 1361

Question 2

Acts which lay out their powers

Answer 2

Justices of the Peace Act 1997
Courts Act 2004

Question 3

Which % of criminal cases do magistrates deal with

Answer 3

97%

Question 4

Commitment

Answer 4

26 Half Days or 13 full days

Question 5

Eligibility

Answer 5

18-74
Good health

Question 6

Ineligibility

Answer 6

Ineligible professions: Police officer, probation, traffic warden, armed forced, MPs Lords
Unable to command public confidence
banned from driving in last 10years
Been declared bankrupt

Question 7

Key qualities

Answer 7

Understand and appreciate different perspectives.
Make fair, impartial decisions and transparent decisions
Communicate with sensitivity and respect
Show self-awareness and be open to learning
Work and engage with people professionally

Question 8

Selection of magistrates

Answer 8

1. Advisory committee will place an advert
2. Those who interested download the DVD and application form from the MOJ
3. Applicants will complete the form and be checked for Eligibility
4. First interview with committee establishes if the applicant has the attributes
5. Second interview will include practical exam and background check
6. Panel will decide whether to recommend or not.
7. Panels decision will need to be ratified by the full committee and sent to the MOJ
8. Senior presiding judge has final say over appointments

Question 9

Magistrates training

Answer 9

New magistrates undergo introductory training
End of 1st year - consolidation training
Continuation training - 6hrs every 3yrs

Question 10

Justices Clerk

Answer 10

s.28 Courts Act 2003
Legally qualified and advice magistrates on points of law

Question 11

Dismissal (Act + Whom + Reasons)

Answer 11

s.11 Courts Act
Lord Chief Justice
- Incapacity or misbehaviour
failure to meet standards
neglecting duties

Question 12

Representative of Society A+D

Answer 12

A - More representative than professional judiciary and stats not far off general pop
D - Mostly white middle class old men

Question 13

Stats of Magistrates diversity

Answer 13

56% female
13% BAME
49% over 60

Question 14

Justices Clerk A+D

Answer 14

A: Helpful and advise magistrates. Can deal with early administrative matters (Crime and Procedure Act 1998)
D: Easily sway justices

Question 15

Precedent of Justices Clerk swaying justices

Answer 15

R v Eccles Jusitces ex parte farrely
R v Birmingham Justices ex parte Ahmed
R v Sussex Justices ex parte McCarthy

Question 16

Prosecution Bias

Answer 16

D: R v Bingham Justices ex parte Jowitt magistrate said he would believe police officer over Defendant

Question 17

Cost

Answer 17

A: Magistrates are volunteers. only paid expenses.
Judges paid between £91,000 and £267,000 according to MOJ.
Replacing Magistrates with professional judges would cost an estimated £100million

Question 18

How much do professional judges get paid

Answer 18

£91,000 - £267,000