Lay Magistrates- Qualification, Selection, Appointment Flashcards
What is the age requirement to become a magistrate?
Applicants must be between 18 and 74 years old and must retire at 75.
What is the local justice area requirement for magistrates?
Magistrates must live or work in or near the local justice area they will serve.
How many days must a magistrate be prepared to sit each year?
At least 26 half-days per year.
Name 3 examples of people disqualified from becoming magistrates.
- People with serious criminal convictions
- Undischarged bankrupts
- Those with incompatible jobs (e.g. police officers, lawyers, judges)
What are incompatible jobs for magistrates?
Jobs within the criminal justice system, such as police officers, lawyers, and judges.
Why might someone with hearing impairment or infirmity be ineligible to be a magistrate?
Because they may struggle to perform court duties effectively.
How is the position of magistrate advertised?
Through the Ministry of Justice website, newspapers, or radio.
Where is the magistrate application submitted?
To the Local Advisory Committee (LAC).
What happens at the first interview with the LAC?
The committee assesses whether the applicant possesses the 6 key qualities set by the Lord Chancellor in 1998.
What are the 6 key qualities the Lord Chancellor requires of magistrates?
- Good character
- Understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound judgment
- Commitment and reliability
What happens at the second interview?
The applicant is given two case studies to assess judicial aptitude and check for any conflicts of interest.
Who formally appoints magistrates?
The Lord Chief Justice, who delegates the appointment to the Senior Presiding Judge under the Crime and Courts Act 2003.
What must a newly appointed magistrate do before starting?
Take the Oath of Allegiance to the Queen and an oath to carry out their duties without fear or favour.
