Lay people- Magistrates

Question 1

What are the 3 qualifications to be a magistrate?

Answer 1

-Aged 18-74 (retire 75)
-Available to sit for 26 half days
-Live or work in local area

Question 2

What are the 6 key qualities to be a magistrate?

Answer 2

-Good character
-Understanding and communication
-Social awareness
-Maturity and sound temperament
-Sound judgement
-Committed and reliable

Question 3

What are the disqualifications of being a magistrate?

Answer 3

-Serious or extensive criminal convictions
-Un-discharged bankrupts
-Armed forces members
-Work in the criminal justice system (eg. a local police officer)
-Close relatives of a current magistrate

Question 4

What is the selection process for becoming a magistrate?

Answer 4

1. Candidates apply to the Local Advisory Committee
2. Candidates’ complete application form online
3. The LAC will select potential magistrates to reflect a cross section of society
4. 1st interview- looking for 6 key qualities and explore their views on topical issues (eg. drink driving)
5. 2nd interview- testing judgement ability, discuss case studies and may include role play
6. LAc put forward names of successful candidates to Lord Chancellor after 2nd interview and they choose them
7. LAC will build a balanced, representative bench in their area

Question 5

What is the role of a magistrate?

Answer 5

-try about 97% of all cases
-hear evidence from prosecution and defence
-decide verdict and sentence D if guilty (max 6 months imprisonment or unlimited fine)
-Either way offences= plea before venue and mode of trial hearings
-early admin hearings
-bail and legal funding for idictable cases
-can sit with a judge in Crown Court to hear appeals from Magistrates Court for conviction and sentence appeals
-Specially trained magistrates can sit in the Youth Court and deal with young offenders aged between 10 and 17

Question 6

Can they give an unlimited or £5000 fine?

Answer 6

UNLIMITED!!!!!!!!!!