lay magistrates

Question 1

what are the lay magistrates

Answer 1

unpaid part time judges who have no legal qualifications and hear cases in the magistrate’s courts

Question 2

qualification of lay magistrate’s

Answer 2

good character 
understanding and communication 
social awareness 
maturity and sound temperament
sound judgement 
commitment and reliability

Question 3

appointment of lay magistrates

Answer 3

in order to decide who to appoint , the judge relies on recommendation made by the local advisory committee

Question 4

what are the interview panels

Answer 4

2 stage interview process

Question 5

what happens in the first interview

Answer 5

tries to find out more about the candidate’s personnal attributes

Question 6

what happens in the second interview

Answer 6

test the candidates’ potential judicial aptitude and this is done by a discussion of at least two case studies which are typical of those heard regularly in magistrates’ court

Question 7

how are trained the lay magistrates

Answer 7

supervised by the magisterial committee of the judicial college
most training delivered locally
appraisal

Question 8

composition of the bench

Answer 8

17,500 lay magistrates:
47% men
53%women
good representation of ethnic minorities
only 3% are under the age of 40

Question 9

role of magistrates

Answer 9

deal with all summary offences
deal with triable either-way offences where defendant chooses trail in the CM
deal with preliminary issues:bails and remands
transfer indictable case to the crown court
youth court
family court

Question 10

what is the magistrate’s clerck

Answer 10

a legal adviser

Question 11

what is the clercks’ duty

Answer 11

to guide the magistrates on questions of law

Question 12

what are the 3 m

Answer 12

middle-class
middle-aged
middle-minded

Question 13

what people can be found in the magistrates’ court

Answer 13

bench of lay magistrates
clerk of the court
solicitors/barristers
legal executive

Question 14

advantages of lay magistrates

Answer 14

Local knowledge of the area in which they serve (Paul v DPP)
Few appeals
They represent a cross section of society and the bench aims to be balanced
Cheap and cost effective
Great public confidence in Magistrates

Question 15

disadvantages of lay magistrates

Answer 15

Not a ‘trial by peers’, contrary to trial by Juries - Magistrates convict about 90% of all cases
Too much reliance on Legal Advisers

Question 16

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Answer 16

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