Magistrates Flashcards
What/who are lay magistrates?
These are unpaid, part time judges who have no professional legal qualifications.
What is a summary offence?
Least serious offence. An offence that can only be tried in the magistrates court.
What is a triable-either-way offence?
An offence that can be tried at either the Magistrates Court or the Crown court. D is first asked to plead guilty or not guilty. If guilty, case is heard in Magistrates, if not guilty, D has the right to ask for case to be tried at Crown Court
What is an indictable offence?
An offence that has to be tried at the Crown Court for trial by jury.
What are advantages of lay magistrates?
Few appeals- 1.5 million cases a year, 11,000 are appeals
Cost- cheap, cost of replacing them with paid judges would cost £100 million a year.
Legal advisor- clerks have to be qualified, overcomes criticism of lay magistrates
What are disadvantages of magistrates?
Prosecution bias- magistrates believe the police too readily, however they are trained to eliminate this
Inconsistency in sentencing- different areas often pass very different sentences for similar offences.
Reliance on the clerk- rely too much but this will not help with inconsistencies in sentencing since clerk is not allowed to help decide on a sentence.
What is the max prison sentence magistrates can impose?
Prison sentence of 6months for 1 offence and 12 months for 2 offences.
Can impose fines, no top limit for this.
Can give other penalties like community order.
What is the jurisdiction of magistrates?
Try all summary cases and any triable-either-way offence which D agrees too.
What qualifications do lay magistrates need?
Do not have to have any legal qualifications. 6 key qualities:
1) good character
2) understanding and communication
3) social awareness
4) maturity and sound temperament
5) sound judgement
6) commitment and reliability.
What are the formal requirements for lay magistrates?
Aged between 18-65, can sit up to age of 70, in 2016 only 3% are younger than 40.
Expected to live or work within or near to the local justice area to which they are allocated.
They must be prepared to commit to sitting at least 26 half days each year, this puts people off as only expenses are paid for.
Where would a case be heard?
In the area where D lives or where offence is alleged to have been committed or where majority of witnesses live or where cases of similar issues are being dealt with.
What are the restrictions on appointment?
- Those with serious criminal convictions though conviction for a minor motoring offence will not automatically disqualify
- undischarged bankrupts
- members of the forces and those whose work is incompatible with sitting e.g. police officer
- relatives of those working in local criminal justice system
- those who by reason of infirmity cannot carry out duties of a justice of the peace.
- close relatives will not be appointed on same bench.
Who are magistrates appointed by?
Lord Chief Justice who delegates these powers to the senior presiding judge who rely on recommendation made by the local advisory committees.
How are people encouraged to become a possible candidate?
Advertisements, some have been aimed at particular ethnic groups to create a panel which is representative of all society.
What is the 2stage interview process?
At first interview, panel tries to find out more about candidate, looks for the 6 key qualities and attitudes on various criminal justice issues like drink driving.
Second interview is aimed at testing candidates potential judicial aptitude, done by discussion of at least 2 case studies.
Advisory committee will then submit names of those they think are suitable to the Lord Chief Justice or his delegates.
