law- magistrates court Flashcards

lay magistrates

1
Q

magistrates court

A

it is the lowest court in the criminal and civil cases.
it handles or deals with minor cases such as speeding.
they handle cases such as known as summary offences.

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2
Q

what are the punishments of the magistrates court?

A

up to 6 months in prison (or up to 12 months in total for more than one offence) a fine.
a custodial sentence of between five days and 12 months.
a suspended sentence.
a community order.
a fine.
an order for compensation.
disqualification or banning orders, for example a driving ban.

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3
Q

what do magistrates do in summary offences?

A

they decide whether the case is sufficiently serious to be heard in the Crown Court.

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4
Q

Can a magistrates court give a suspended sentence?

A

the judge or magistrates may choose to suspend the sentence for up to two years.

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5
Q

What are lay magistrates?

A

they are unpaid and not legally qualified judges hear cases in magistrates court.

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6
Q

why do we need to lay people on the local advisory commitee?

A

to ensure the most suitable individuals on the basis of their characteristics.

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7
Q

role of magistrates

A

lay magistrates also sit in the crown court to hear the appeals from the magistrates court.
2 new lay magistrates form a panel with a qualified judge.

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8
Q

training of magistrates

A

the training of magistrates is supervised by the magistrates committee of the juidical college.

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9
Q

3 areas the training is divided into

A

Initial Introductory Training: this covers such matters as understanding the organisation of the bench and the admistration of the court.
core training: this provides the new magistrate with the opportunity to acquire and develop they key skills, knowledge and understanding required of a competent magistrates.
activites: these will involve observation of court sittings and visits to establishments such as a prison or a probation office.

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10
Q

training of existing magistrates

A

it is a continues training and takes place every 3 years followed by an appraisal to ensure that they are maintaining the 4 key required.
Magistrates sit in benches of three, made up of two wingers and a presiding justice who receives special training to act as chair.

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