Magistrates 1/13

Question 1

Introduce the Role of Magistrates

Answer 1

Sit as unpaid, part-time judges in the Magistrates Court in Eng + Wal

Question 2

How many cases do magistrates hear?

Answer 2

Try 97% of all criminal cases entirely, other 3% at a preliminary level

Question 3

What classification of offences do magistrates hear?

Answer 3

Hear trials for summary and some TEW offences. Decide whether guilty or not and then pass a verdict

Question 4

What sentencing powers do magistrates have?

Answer 4

Sentence offenders at the end of trial or send up to Crown for higher sentencing. Maximum sentences = 6 months 1 crime, 12 months for 2

Question 5

What type of preliminary hearings do magistrates hear?

Answer 5

Deal with bail and remand hearings

Question 6

What is the Youth Court?

Answer 6

Specially trained panels of magistrates deal with young offenders (10-17), gender mix + under 65.

Question 7

What is the magistrates role in appeals?

Answer 7

Sit with a judge in Crown Court to hear appeals from the Magistrate’s Court

Question 8

What administrative hearings do magistrates hear?

Answer 8

Sign warrants for arrests + searches + Hear applications for police detention period extensions

Question 9

Who is the magistrates clerk?

Answer 9

• A qualified lawyer, assists magistrates with law, policy, procedure, and sentencing.
• Cannot help decide a verdict or sentence but advise on legal questions and sentencing issues.

Question 10

What are the 6 Key Qualities needed by a Magistrate?

Answer 10

1. Good Character
2. Understanding and Communication
3. Social Awareness
4. Maturity and Sound Temperament
5. Sound Judgement
6. Commitment and Reliability

Question 11

Criteria to be a magistrate

Answer 11

• Live or work near the local justice area and in good health.
• Unpaid except allowances for travel, meals and financial losses
• Must be available for 26 sessions per year, aged 18-65 when appointed and retire at 70
• Can resign at any time or be removed for:
  
  • Bad Behaviour
  • Criminal Convictions
  • If they are ineffective
• Police/traffic wardens cannot become Magistrates + criminal convictions, unless minor offences e.g. speeding

Question 12

What happens at the start of the magistrate appointment process?

Answer 12

• Interview conducted by Local Advisory Committees (LAC), vacancies advertised and can be nominated or apply.
• An application form needs to be completed and submitted with references

Question 13

What is the first magistrate appointment stage?

Answer 13

Interview Stage
- 1st Interview = focuses on personal attributes and the 6 key qualities
- 2nd Interview = tests candidates judicial aptitude with 2 case studies

Question 14

What is the second magistrate appointment stage?

Answer 14

Appointment Stage
- The LAC submit the names of suitable candidates to the LCJ
- LCJ then appoints names from the list and are sworn into the Crown Court where they may sit until they are 70

Question 15

What are the stages of magistrate training?

Answer 15

Stage 1 = initial introductory training, organise the bench
Stage 2 = core training, develop key skills, knowledge + understanding
Stage 3 = activities, court sittings, visits to prisons + probation centres