Lay Magistrates Flashcards
1
Q
Lay Magistrates
A
- Non-legally qualified.
- Also known as Justices of the Peace.
- 17,500 in England and Wales.
- Sit as part of a bench of two or three. If there is a single magistrate, powers are limited.
- aged between 18-65 on appointment, but can serve till 70.
- Must live and work within their local justice area.
- Unpaid apart from expenses.
- Must commit to sitting at least 26 half days a year.
2
Q
Barred
A
- People with serious criminal
convictions. - Police officers.
- Traffic wardens.
- Relatives of the above two.
- The hearing impaired.
- Undischarged bankrupts.
- Members of the forces.
- Close relatives cannot be
appointed to the same bench either.
3
Q
6 key qualities of Lay Magistrates
A
- good character
- commitment,reliability
- sound judgement
- understanding/communication
- social awareness
- maturity/sound temperament
4
Q
Advantages
A
- cheaper (cost of replacing with judges = £100 mil a yr)
- cost of trial in MC is cheaper than CrC
- local knowledge
- magistrates clerks must be legally qualified
- improved training (common sense)
- few defendants appeal against magistrates decision
5
Q
Disadvantaged
A
- middle aged/middle classed ppl
- diff area = diff judgement
- reliance on clerk
- tend to be prosecution biased
- low acquittal rate in MC, only 20% of defendants are acquitted
