lay magistrates Flashcards
what percentage of cases are dealt with in magistrates court
97%
are magistrates paid
no
volunteers
how many magistrates sit on the panel
3
who are magistrates assisted by
legally qualified clerk
what are the 3 basic requirements to be a magistrate
be from 18-65 but can retire at 70
live/work close to court
be able to sit 26 half days a year
what are disqualifications from being a magistrate
serious criminal convictions
undischarged bankrupts
some one with an incompatible job
where do you apply to be a magistrate
lac (local advisory committee)
who appoints the magistrates
the lord chief justice on behalf of the king
delegated to senior presiding judge who relies on recommendations from the local advisory committees
who makes up the local advisory committee
max 12 ex-magistrates
what will the first interview assess
character
personal attributes
possessing key qualitys
what will the second interview asses
judicial aptitude based on case studies
what is a balanced bench
the group of magistrates is accurate of the gender age and occupation of the local community
what are the sentencing powers of a magistrate
6 months in prison (12 if it’s back to back offences)
0-unlimited fines
who else may sit instead of 3 magistrates
one district judge
how are magistrates trained
overseen by the judicial collage
carried out locally often by the clerk
and must be trained before sitting
what act allows the removal of magistrates
s11 courts act 2003
what reasons can a magistrate be removed
incapacity or misbehaviour
incompetence
neglecting to perform duties
what’s the magistrates role
If the crime is serious (indictable) it will be passed to Crown Court
for trial
Remands in custody
Legal aid
Bail conditions
During trial the magistrates will decide, based on the evidence presented, whether a D is GUILTY or NOT GUILTY
The magistrate will also sentence D
