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LAW: SECTION A > lay magistrates > Flashcards

lay magistrates Flashcards

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1
Q

what are Lay Magistrates referred to as?

A

Justices of Peace

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2
Q

what are Lay Magistrates?

A

volunteers who are not legally qualified

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3
Q

how many sit on the bench a what do they make up?

A

they sit in bench of 3 and make up 85% of the judicial community

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4
Q

how many Lay Magistrates are there in England

A

16,000

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5
Q

do they receive a salary?

A

no, but they receive expenses for travel and subsistence

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6
Q

QUALIFCATONS:
what are the qualifications needed to be a Lay Magistrate?

A

-no formal qualifications are required
- no needed t have any legal experience as they are advised on law
- courts and tribunals judiciary

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7
Q

what is the Act hat sets out six key qualities a magistrate should possess?

A

Crime and Courts Act 2003

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8
Q

what are some examples of the six key qualities?

A

-good character
-social awareness
-sound judgement

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9
Q

who are the Magistrates appointed by?

A

Lord Chief Justice

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10
Q

what age should the Magistrates be between?

A

18-75

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11
Q

hat are the restrictions of being a Lay Magistrate?

A
  • having serous criminal convictions
    -banned from driving in the last 5-10 years
    -being declared bankrupt
  • working in a job that may involve conflict of interest (police)
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12
Q

why must Lay Magistrates be in good health?

A

to ensure that they can carry out the necessary job

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13
Q

do candidates need to be British Nationals?

A

no , but they must swear allegiance t the king

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14
Q

SELCETION:
how many Lay Magistrates are appointed each year?

A

700

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15
Q

who can the Lord Chief Justice delegate the power to appoint to?

A

Senior Judge

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16
Q

who does the judge rely recommendations of?

A

Local Advisory Committee

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17
Q

where do candidates apply from?

A

advertisements, leaflets or government website

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17
Q

what are the members in the Local Advisory Committee?

A
  • ex or current members of Justices of Peace
    -members have to retire in isolation every three years
  • maximum of 12 members made up of magistrates and non-magistrates
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17
Q

why does their application attend public awareness days in court?

A

to learn the work involved and checked for eligibility

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17
Q

who are they invited for an interview by?

A

Local Advisory Committee

17
Q

how many stages is the interview process?

A

2

17
Q

What happens at the first interview?

A
  • 1:1 interview t see applicants suitability
  • and if they have got the six key qualities
17
Q

what happens at the second interview?

A
  • used to explore applicants judicia ability by discussing two case studies
17
Q

APPOINTMENT:
which Ac does the LAC recommend suitable candidates to?

A

designates role to Senior Presiding Judge under the Crime and Courts Act 2003

17
Q

where will the candidates be sworn in as?

A

Local Magistrates Court

17
Q

who will the LAC submit names to?

A

Lord Chief Justice

17
Q

what does resignation mean?

A

candidates can resign at an time

17
Q

what is the age for retirement?

A

70

17
Q

what does the term removal mean?

A

power to remove a magisate come rm the Courts Act 2003

17
Q

what can a Magistrate removed for?

A

misbehaviour, incompetence and incapacity

17
Q

ROLE: CRIMINAL JURISDICTION
how many days are they required to do?

A

26 half days

18
Q

what do magistrates se to assist their decisions about sentncng?

A

sentencing guduelines

19
Q

what do magistrates have when they are assigned?

A

National Jurisdiction under the Crimes and Courts Act 2003

20
Q

how many and which type of cases o the listen to?

A

they hear 97% of cases and usually summary offences and environmental cases

21
Q

what other cases do they hear?

A

triable either way offences that have been sent to the Magistrates

22
Q

why can cases be sent to the Crown Court?

A

if believed a longer sentence is needed

23
Q

what happens during the trials?

A

evidence is heard and a verdict is reached

24
Q

why do they also listen bail applicants?

A

the decide whether defendants should be remanded in custody or released to the community

25
Q

what other court do they listen to?

A

Youth Court

26
Q

who listens to the Youth Court?

A

specially trained Justices of Peace from the Youth Court Panel

27
Q

what age are the criminal charges heard against?

A

10-17

28
Q

where do the lay Magistrates sit at to hear appeals from?

A

Crown Court

29
Q

who do they sit with?

A

qualified judge

30
Q

where do a cases get heard by even if it is sent to he Crow Court?

A

Magistrates Court

31
Q

ROLE: CIVIL JURISDICTION
what other cases do Lay Magistrates hear?

A

some civil and family cases

32
Q

who listens to the family cases?

A

specially trained Lay Magistrates

33
Q

why do they listen to family cases?

A

to hear family issues

34
Q

what are some examples of family issues they listen to?

A

custody, adoption ,care orders for children

35
Q

what other civil cases do they hear?

A

unpaid council tax ad tv license evasion

LAW: SECTION A (9 decks)

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