Lay Magistrates Flashcards
What are Lay Magistrates?
Means non-legally qualified. Also known as Justices of the Peace. They must live and work within their allocated local justice area.
What types of people are barred from being a Lay Magistrate?
People with serious criminal convictions. Police officers. Relatives of police. Undischarged bankrupts. Member of forces.
What are the 6 key qualities of a Lay Magistrate?
1) Having good character.
2) Understanding and communication.
3) Social awareness.
4) Maturity
5) Sound judgement.
6) Commitment and reliability.
Describe the selection process?
- About 700 appointed each year.
- The appointments are made by Lord Chief Justice.
- Positions are widely advertised and anybody can become one.
Describe the appointment process?
2 stage interview process:
- 1st interview is mostly about candidates personal attributes.
- 2nd one tests judicial aptitude by looking at individual studies.
What do Magistrates do if they are given a more serious case?
They pass it on to Crown Court. The magistrates then decide if the defendant should be:
- Kept in custody.
- Let out on strict conditions- for example keep away from certain places.
What examples of crimes do Magistrates deal with?
- Minor assaults.
- Motoring offences.
- Theft.
- Handling stolen goods.
What punishments can Magistrates give?
- Fines.
- Unpaid work in community.
- Prison for up to 6 months (or up to 12 months for more than 1 crime).
Describe the composition of the bench?
53% are women. Only 22% of high court judges and above are female.
11% are from ethnic minority backgrounds.
4% have a disability.
How long can training to be a Magistrate take?
Adds up to 21 hours, or 3 and a half days, as well as some meetings.
When can the training take place?
- A long weekend.
- Weekdays.
- Short evening sessions over several weeks.
What is the first part of training?
Initial introductory training- the role, responsibility, duty, administration etc.
What is the second part of training?
Core training- acquiring and developing the key skills of a competent Magistrate.
What is the third part of training?
Activities- observations of court sittings, visit to a prison, probation office etc.
What are the advantages of Lay magistrates?
- Local knowledge of area: Paul v DPP (kerb-crawler). Also are aware of drug problems in area.
- Few appeals - less than 1% are made to dispute the ruling of M’s
- Represent a cross section of society. Men:Women is almost equal + 10% ethnic minorities.
- Cheap and cost effective.
