Lay Magistrates Flashcards

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1
Q

How many

A

17500

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2
Q

What are they

A

Unpaid, part time
(Justices of the peace)
Bench of 2 or 3
Can issue search warrants

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3
Q

Six key qualities

A
Good character 
Understanding and good communication
Social awareness
Maturity and sound temperament
Sound judgment
Commitment and reliability
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4
Q

3 judicial qualities

A

Make reasoned decisions
Assimilate factual information
Work as team

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5
Q

How old can they sit as magistrates

A

70

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6
Q

Appointed aged between

A

18 and 65

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7
Q

Area

A

Expected to live or work within or near local justice area

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8
Q

Cases are heard in the area where:

A

The offence is alleged to have been committed
The person charged with the offence lives
Where the majority of witnesses are
Other cases of similar issues are being dealt with

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9
Q

How many days should they expect to sit for

A

26 half day

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10
Q

6 people who are not eligible to be appointmented

A
Serious criminal convicts
Undischarged bankrupts
Members of forces
Police or traffic wardens
Relatives
Impaired hearing
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11
Q

How many are appointed a year

A

700

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12
Q

Who appoints them

A

Lord Chief Justice

But atm senior presiding judge

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13
Q

Who recommends to judge

A

Local advisory committees

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14
Q

Local advisory committees have how many people in each

A

12

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15
Q

Who are in local advisory committees

A

Ex justices of peace

Magistrates and non magistrates

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16
Q

First interview

A

Find out personal attributes

6 key qualities

17
Q

Second interview

A

Test potential judicial aptitude

Case studies

18
Q

Traditional image

A

Middle class middle aged middle minded

19
Q

How much percent of them are minority groups

A

53 women
11 ethnic
4 disability

20
Q

Which criminal cases do they deal with

A

All summary
Triable either way if defending chooses
These account for 94% of all criminal cases

21
Q

What 6 things do they do

A
All preliminary work
Remand hearings (later dates)
Bail applications
If pleads NG they hold trial and decide
Power to sentence
First hearing of indictable offences that then get sent to crown
22
Q

How long can the sentence prison

A

6 months one offence

12 months two offences

23
Q

4 types of sentencing powers

A

Community orders
Fines
Conditional or absolute discharge
Disqualify driving

24
Q

Appeal hearings

A

Sit at crown court to heard appeals
2 lay justices not in original case sit with qualified judge
Decide G or NG
Decide sentence if G

25
Q

Youth court

A

Specially trained justices
10-17 offenders
One man and one woman

26
Q

3 parts of training syllabus

A

Initial introductory training
Core training
Activities

27
Q

Appraisal

A

In first 2 years some sessions will be mentored

Should attend training courses

28
Q

Magistrates clerk

A

Every bench is assisted by one
Legal advisor
Qualified barrister/solicitor for 5 years
Guide mags

29
Q

6 advantages of lay magistrates

A
Cross section of society 
Local knowledge
Cost 
Training
Legal advisor 
Few appeals
30
Q

4 Disadvantages of lay magistrates

A

Middle aged middle class
Inconsistency in sentencing
Reliance on clerk
Prosecution bias (believe police)