Lay People Flashcards
What are the Magistrates also known as?
Justices of the Peace
What qualifications do you need to become a Magistrate?
- Don’t need any academic qualifications.
6 Key Qualities to their character as set out by Lord Chancellor in 1998:
- good character, confidence and trust
- understanding and communication
- social awareness- ethnic and cultural
- maturity and sound temperament
- sound judgement- think logically
- commitment and reliability.
What are the Judicial Qualities needed to be a Magistrate?
- make decisions on given info
- take account of the reasoning of others
- work as a team
What disqualifies you from becoming a Magistrate?
- Those with serious convictions- e..g. rape, attempted murder
- Those with minor offences (e.g. driving offences) may still be able to become a Magistrate.
How are Magistrates selected and appointed?
- adverts placed in local newspapers/ gov website
- first interview with Local Authority Committee (LAC)
- second interview with examples of cases
- background checks- for conflicts on interest
- LAC makes recommendation to Lord Chief Justice, can appoint
- new magistrates meet new colleagues and begin training.
What is the composition of the bench like today?
Can be seen as well balanced because:
- 53% are women- higher than anywhere else in Judiciary
- 11% are from ethnic minorities
- 4% of Magistrates have some sort of disability, seen or invisible.
What are the Magistrates involved with, when dealing with Criminal Law?
- bail applications (don’t have to pay in UK)
- remand hearings (let out on bail then commit another crime)
- transfer cases to the Crown Court
What are the Magistrates involved with, when dealing with Civil Law?
- 3% of work done is civil
- some sit in family courts and decide on a range of matters- specifically trained
- enforcement of financial penalties and orders, e.g. non-payment of Council Tax
Explain the training to become a Magistrate?
- Supervised by Magisterial Committee of Judicial College
- Training carried out locally, usually by Clerk of Court
- 2 years, Magistrate will be monitored
- Appraisal carried out to check they’ve achieved their competences needed
- If competences not met, referral may be made yo have Magistrate removed from bench by Lord Chancellor.
Who can sit as a Magistrates Clerk and what is its job?
To sit as a Clerk, have to have been a Barrister or Solicitor for 5 years prior.
- Assist magistrates on law
- Help manage proceedings in court
- Ensure court conducts its business in accordance with the relevant rules.
What sets out the current qualifications to sit in the jury and what does it consist of?
Juries Act 1974:
- aged between 18-75 (inclusive)
- on electoral register
- Resided in UK, Channel Islands or Isle of Man for at least 5 years since 13th birthday.
What permanently bans you from sitting in the jury?
If you have ever been sentenced to:
- imprisonment, detention or custody for life
- a term of imprisonment or detention for at least 5 years.
What disqualifies you from sitting in the jury for 10 years?
- been in prison for any period of time within the last 10 years
- has suspended sentence passed at any time in the last 10 years
- had a community order or other community sentences within the last 10 years.
What disqualifies you from sitting in the jury if you are a mentally disordered person?
Mentally disordered person is defined within the Criminal Justice Act 2003 as:
- someone who has/does suffer from mental illness and been a resident in a hospital or regularly attends treatment
- under Guardianship Section 7 of the Mental Health Act 1973
- been determined by a judge to be incapable of administering their affairs.
How are jurors selected by the court?
- Attend court and sign in
- Placed away from everyone
- 15 jurors assigned to each court room
- Trial ready in court- 15 go to Court Room and Court Clerk selecrs jurors at random down to 12
- Facts read out
- Must be decided if jurors are suitable to hear case
- Jurors sworn in
- 3 go back to waiting room
- Trial begins
