Lay Magistrates Flashcards

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1
Q

Qualification for lay magistrates

A

-18-65, retire 70
-live or work within or near to local justice area where allocated
-26 half days or 13 full days a year, training sessions

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2
Q

Requirements for character - who set out and what are they?

A

-Lord Chancellor 1998
1. Good character
2. Understanding and communication
3. Social awareness
4. Maturity and sound temperament
5. Sound judgement
6. Commitment and reliability

-need to absorb factual info and make reasoned decision, take account of reasoning of others, work as a team

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3
Q

Who is not eligible to be appointed as a magistrate?

A

-serious criminal convictions (minor motoring wont disqualify)
-discharged bankrupts
-members of forces
-police officers
-traffic wardens
-relatives of those working in local CJS
-hearing impaired or disability prevents from carrying out all the duties
-close relatives to others mag’s on same bench

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4
Q

Selection of lay magistrates
-how many a year?
-who made by?
-rely on?

A

-1200 new a year
-made by senior presiding judge
-relies on recommendations made by local advisory committees

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5
Q

What are local advisory committees?

A

-max of 12
-mix of mags and non mags
-encourage range of candidates
-adverts in paper, noticeboards, radio ads, social media
-try and create panel to be representative of society

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6
Q

Selection process (2 step interview)

A

-Fill application form, 2 referees
1st interview: panel finds out more about attributes, look if they have the 6 key qualities. Attitudes on criminal justice issues like youth crime or drink driving
2nd interview: testing candidates judicial aptitude. Discuss two case studies typical of those in mag court. Eg on sentence that should be imposed

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7
Q

Appointment of lay magistrates

A

-LAC interview then submit names of those who are suitable to senior presiding judge who appoints new ones from list

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8
Q

Role of lay magistrates

A

-sit as panel of 3 in magistrates (criminal) court
-try 97% of all criminal cases
-trial role and can grant search and arrest warrants to police and consider requests for extension in custody up to 96hrs

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9
Q

Types of offences they deal with

A

-Summary
-Triable either way
-indictable
-youth court
-appeals

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10
Q

Summary

A

-Case start to finish
-evidence from P and D and any legal arguments
-decide if guilty or not
-then sentence, powers are limited to max of 6 mths or one offence, for level 5 can impose unlimited fine. (In 2020 allowed to give 12 mths for one offence)

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11
Q

TEW

A

-Deal with plea before venue hearings
-if believe they have jurisdiction then can hear themselves

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12
Q

Indictable

A

-Hold early administrative hearings before transferring to CC

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13
Q

Youth court

A

-Specially nominated and trained from youth court panel to hear charges against those 10-17
-usually have 1 man one woman
-informal and private

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14
Q

Appeals

A

-Can sit in CC to hear appeals from mag court against conv or sentence
-2 lay magistrates and a qualified judge

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15
Q

What is a mag clerk

A

-every bench
-if they are a senior qualified barrister or solicitor for 5 years
-guides M on law
-no role in decision
-administrative matters
-s28 justices of peace act 1979

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16
Q

General facts

A

-17,500 approx lay mag’s sitting in mag court
-Not legally qualified, unpaid, only paid expenses
-53% women, 22% in HC are women
-11% ethnic backgrounds
-4% disabled