Lay magistrates Flashcards
Who are they?
Hear cases in a bench of 2-3, and they are unpaid although receive allowances for travel, food, financial loss.
What are their qualifications?
No legal qualifications, they do however receive training must also have 6 key qualities.
What are the 6 key qualities?
1- Good character 2- Understanding and commitment 3- Social awareness 4- Maturity and sound temperament 5- Sound judgement 6-Commitment and responsibility
Who must they be?
- Between 18-65
- Expected to live and work near within local justice system
- Available for 26 half days a year.
What are the restrictions?
- No serious convictions
- Members of the forces
- Relatives of people in the local justice system
- Impaired hearing
How do they apply to be a magistrate?
Must apply to the local advisory committee (consists of 12 members). Names are usually put forward by other groups although can put their own names forward.
What are the two interview stages?
1- See if they have 6 qualities
2- Test the ‘potential judicial aptitude’ by looking at 2 case studies.
What is the composition of the bench?
Seen as middle aged, minded and class.
3% under 40.
53% are women.
11% from ethnic minorities.
What are the role of magistrates?
- All summary offences and some triable-either way offences.
- All preliminary matters.
- Bail applications
- First hearing of indictable offences
- Criminal offences against young offenders.
What is the training of magistrates?
Supervised by judicial college.
1- Introductory training, understanding the bench and their roles/responsibility.
2- Core training, develop on their key skills and their knowledge.
3- Activities, observe courts and visit establishments.
Who is the magistrates clerk and what do they do?
They assist on all benches and they are a qualified barrister and solicitor. Try to guide them but cannot assist in the decision making.
