Lay Magistrates* Flashcards
What are the basic requirements to apply to be a Magistrate?
Ages 18-75, in good health and to be available for 26 half days per annum.
You cannot apply to be a Magistrate if…
…you have hearing issues, member of armed forces, associated with the justice system, bankrupt, or have a serious criminal record.
Give three examples of the ‘Key Qualities’.
Permissable answers:
Good Character Communication and understanding Social awareness Maturity and sound temprement Commitment Reliability
What legislation set out the base requirements for a Magistrate?
Courts Act 2003.
Applicants are encouraged to visit court once before applying. True or False?
False. Applicants are encouraged to visit court 3 times before they apply.
The Local Advisory Committee (LAC) conducts two interviews with the applicant, following this, who does the LAC submit recommendations to?
The LAC submit recommendations to the Lord Chief Justice for England and Wales.
How many Magistrates are currently serving in Magistrates’ courts?
21,500 Magistrates are serving as part-time judges.
What are the ‘Preliminary matters’?
When a Magistrate will take the name, DOB, address and plea of the defendant. They will also pass some ‘triable-either-way’ offences and all ‘indictable’ offences to the Crown Court.
Give examples of the sentencing jurisdiction of Magistrates.
Permissable answers:
6-12 Months custodial sentence
Unlimited fines
Community order (max. 300 hours)
Give an example of a role of a Magistrate.
Permissable answers:
Youth courts (for offenders between 10 and 17) Hearing appeals alongside a Circuit Judge in the Crown Court Applications for police arrest & search warrants
Which law states a Magistrates’ employer is obliged to allow time off to conduct duties?
s.50(1)(a) of the Employment Rights Act 1996.
