Lay Magistrates Flashcards
How many
17500
What are they
Unpaid, part time
(Justices of the peace)
Bench of 2 or 3
Can issue search warrants
Six key qualities
Good character Understanding and good communication Social awareness Maturity and sound temperament Sound judgment Commitment and reliability
3 judicial qualities
Make reasoned decisions
Assimilate factual information
Work as team
How old can they sit as magistrates
70
Appointed aged between
18 and 65
Area
Expected to live or work within or near local justice area
Cases are heard in the area where:
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
How many days should they expect to sit for
26 half day
6 people who are not eligible to be appointmented
Serious criminal convicts Undischarged bankrupts Members of forces Police or traffic wardens Relatives Impaired hearing
How many are appointed a year
700
Who appoints them
Lord Chief Justice
But atm senior presiding judge
Who recommends to judge
Local advisory committees
Local advisory committees have how many people in each
12
Who are in local advisory committees
Ex justices of peace
Magistrates and non magistrates
First interview
Find out personal attributes
6 key qualities
Second interview
Test potential judicial aptitude
Case studies
Traditional image
Middle class middle aged middle minded
How much percent of them are minority groups
53 women
11 ethnic
4 disability
Which criminal cases do they deal with
All summary
Triable either way if defending chooses
These account for 94% of all criminal cases
What 6 things do they do
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
How long can the sentence prison
6 months one offence
12 months two offences
4 types of sentencing powers
Community orders
Fines
Conditional or absolute discharge
Disqualify driving
Appeal hearings
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
Youth court
Specially trained justices
10-17 offenders
One man and one woman
3 parts of training syllabus
Initial introductory training
Core training
Activities
Appraisal
In first 2 years some sessions will be mentored
Should attend training courses
Magistrates clerk
Every bench is assisted by one
Legal advisor
Qualified barrister/solicitor for 5 years
Guide mags
6 advantages of lay magistrates
Cross section of society Local knowledge Cost Training Legal advisor Few appeals
4 Disadvantages of lay magistrates
Middle aged middle class
Inconsistency in sentencing
Reliance on clerk
Prosecution bias (believe police)
