Lay Magistrates Flashcards
Definition of Lay Magistrates?
Are unpaid, part - time judges who have no legal qualifications and hear cases in the Magistrates Court.
What age are Lay Magistrates?
18 - 65
What are the six key qualities of Lay Magistrates?
Good Character
Understanding and Communication
Social Awareness
Maturity
Sound Judgement
Commitment and Reliability
Restriction of appointment for Lay Magistrates?
Serious Criminal Conviction
Police Officer
Justices of the Peace
Lay Magistrates in Family Courts?
Trained lay magistrates sit in the family court to hear cases on family issues, such as maintenance and custody.
Lay Magistrates in the Youth Court?
Nominated and trained justices from the Youth Court panel hear criminal charges against young offenders aged 10-17 years old. Panel must include one man and one woman
How are Lay Magistrates recruited?
Advertisements used to encourage wide range of potential candidates. The intention is to create a panel that is representative of all aspects of society
Interview process of Lay Magistrates?
First interview process is looking for the six key qualities
The second interview is aimed at testing candidates’ potential judicial aptitudes this is done by a discussion of at least two cases
Advisory committee will then submit names of those they think are suitable to Lord Chief Justice or delegate who will appoint new magistrates from the list
Appointment process of Lay Magistrates?
Appointment made by Lord Chief Justices, also delegated the power to Senior Presiding Judge. Judge relies on recommendations made by the local advisory committee
Types of training for Lay Magistrates?
INITIAL INTRODUCTORY TRAINING – understanding organisation of the bench and the administration of the court and roles and responsibilities of those involved in the Magistrates Court
CORE TRAINING – provides the new magistrates with the opportunity to develop the key skills, knowledge and understanding required of a competent magistrate
ACTIVITIES – these will involve observations of court sittings and visits to establishments such as a prison or a probation office.
During the first two years of someone becoming a magistrate, what will happen?
Some of the sessions will be monitored
How many days do Magistrates have to sit in court for?
At least 26 half days each year
Who assists the Lay Magistrates?
Senior Clerk
What qualifications must the clerk have?
Qualified as a barrister or solicitor for at least 5 years
What Act states the clerk can answer question on law and practice but cannot assist in decision making?
Justices of the Peace Act 1979
