lay magistrates Flashcards
what are Lay Magistrates referred to as?
Justices of Peace
what are Lay Magistrates?
volunteers who are not legally qualified
how many sit on the bench a what do they make up?
they sit in bench of 3 and make up 85% of the judicial community
how many Lay Magistrates are there in England
16,000
do they receive a salary?
no, but they receive expenses for travel and subsistence
QUALIFCATONS:
what are the qualifications needed to be a Lay Magistrate?
-no formal qualifications are required
- no needed t have any legal experience as they are advised on law
- courts and tribunals judiciary
what is the Act hat sets out six key qualities a magistrate should possess?
Crime and Courts Act 2003
what are some examples of the six key qualities?
-good character
-social awareness
-sound judgement
who are the Magistrates appointed by?
Lord Chief Justice
what age should the Magistrates be between?
18-75
hat are the restrictions of being a Lay Magistrate?
- 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)
why must Lay Magistrates be in good health?
to ensure that they can carry out the necessary job
do candidates need to be British Nationals?
no , but they must swear allegiance t the king
SELCETION:
how many Lay Magistrates are appointed each year?
700
who can the Lord Chief Justice delegate the power to appoint to?
Senior Judge
who does the judge rely recommendations of?
Local Advisory Committee
where do candidates apply from?
advertisements, leaflets or government website
what are the members in the Local Advisory Committee?
- 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
why does their application attend public awareness days in court?
to learn the work involved and checked for eligibility
who are they invited for an interview by?
Local Advisory Committee
how many stages is the interview process?
2
What happens at the first interview?
- 1:1 interview t see applicants suitability
- and if they have got the six key qualities
what happens at the second interview?
- used to explore applicants judicia ability by discussing two case studies
APPOINTMENT:
which Ac does the LAC recommend suitable candidates to?
designates role to Senior Presiding Judge under the Crime and Courts Act 2003
