Lay Magistrates and The Jury Flashcards
What does ‘lay’ mean?
Not legally qualified.
6 Qualifications of a lay magistrate?
Maturity and sound temperament.
Understanding and communication.
Good character.
Social awareness.
Commitment and reliability.
Sound judgement.
What age must lay applicants be?
18-65.
2 stages of lay Magistrates interview
- Applicants personal qualities.
- Assessing candidates judicial skills.
What age must Lay Magistrates retire?
70.
What cases do Lay Magistrates trial?
Criminal - Summary offences or some either way.
What do Lay Magistrates decide?
Evidence, verdict and sentence.
What are Lay Magistrates maximum sentencing powers?
Unlimited fines or up to 12 months imprisonment.
What Police matters can the Lay Magistrates influence?
Extending or varying bail conditions, granting arrest and search warrants, deciding time of detention without charge for up to 96 hours, legal funding.
How do magistrates hear appeals?
In the crown court, 2 magistrates hear appeals against convictions, not sentence from the magistrates court. They enforce financial penalties and impose higher fines under environmental law.