lay magistrates Flashcards

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1
Q

what percentage of cases are dealt with in magistrates court

A

97%

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2
Q

are magistrates paid

A

no
volunteers

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3
Q

how many magistrates sit on the panel

A

3

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4
Q

who are magistrates assisted by

A

legally qualified clerk

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5
Q

what are the 3 basic requirements to be a magistrate

A

be from 18-65 but can retire at 70
live/work close to court
be able to sit 26 half days a year

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6
Q

what are disqualifications from being a magistrate

A

serious criminal convictions
undischarged bankrupts
some one with an incompatible job

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7
Q

where do you apply to be a magistrate

A

lac (local advisory committee)

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8
Q

who appoints the magistrates

A

the lord chief justice on behalf of the king
delegated to senior presiding judge who relies on recommendations from the local advisory committees

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9
Q

who makes up the local advisory committee

A

max 12 ex-magistrates

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10
Q

what will the first interview assess

A

character
personal attributes
possessing key qualitys

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11
Q

what will the second interview asses

A

judicial aptitude based on case studies

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12
Q

what is a balanced bench

A

the group of magistrates is accurate of the gender age and occupation of the local community

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13
Q

what are the sentencing powers of a magistrate

A

6 months in prison (12 if it’s back to back offences)
0-unlimited fines

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14
Q

who else may sit instead of 3 magistrates

A

one district judge

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15
Q

how are magistrates trained

A

overseen by the judicial collage
carried out locally often by the clerk
and must be trained before sitting

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16
Q

what act allows the removal of magistrates

A

s11 courts act 2003

17
Q

what reasons can a magistrate be removed

A

incapacity or misbehaviour
incompetence
neglecting to perform duties

18
Q

what’s the magistrates role

A

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