magistrates Flashcards
what are magistrates?
magistrates are ordinary people that hear criminal and civil cases in the magistrates court , this was established in the justices of peace act 1361.
what are the functions and role of magistartes?
magistartes have many roles that are governed by the justices of peace act 1997 and the courts act 2003, there role in criminal cases include
- hearing all summery offences( the least serious offences),
- here some traible either way offences
- deal with committal proceedings
- carry out transfer proceedings
- and decide if bail should be heard or not
- sit in crown courts with qualified judge to hear appeals
wat are the roles of magistrates in civil cases
the role of magistrates in civil cases include
- enforcind dbets such as utilites
- dealing with non payments of council tax and tv license
- hear appeals regarding licences
how are magistartees appointed and selected?
magistrates are appointed and selected by the lord chief justice from the recommendation of the local advisory committee now but traditionally appointed by the lord chancellor,
as magistrates don’t require any qualifications as training is on the job a magistrate must be be between the ages of 18 and 65 with little to no political allegiance to be considered as a magistrates
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how can someone become a magistrates?
an individual ay find out about becoming a magistrates through advertisements such as newspapers , radio or on busses to diversify and represent society.
why are six key qualities considered ?
the six key qualities are important because the local advisory committee sees this as an essential part of the interview process to pick the right candidate the is also complies with the lord chancellors directions of 1998
what are the six key qualities?
- sound judgment
- good communication and understanding
-maturity - good character
- social awareness
- commitment and reliability
these would be established in the first interview that is made to asses personality traits where as the second interview tests aptitude , these are then submitted to the lord chancellor if they are a good social mix.
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what grounds can magistartes be removed on?
the removal of magistrates would be governed under s 11 of the criminal courts act 2003 if there is persistent misbehaviour or grounds of incapacity to the lord chancellor eg kathleen crips in 1985 was dismissed for taking part in cnd protest outside courts
ineligibility of magistrates
some individual’s are ineligible to be appointed as magistrates if
- if they have committed a series crime
- if they have committed a series of small crimes
- if they are unwilling to take the oath of a
llegiance
training of magistrates?
the training of magistrates is supervised by the magistrates committee of the judicial studies board , carried out in a local area the 4 areas are - managing yourself - working in a team - manging judicial decisions - making judicial decisions
explain the elements of training?
- introductory training which consists of understanding the bench and observing other magistrates
- mentoring , new magistrates will have a training mentor allocated for the next 18 months
- core training , consists of visits to prisons and work through core workbook
consolidation training , happens at the end of each year building magistrates skills - first appraisal
there is also ongoing training through their carer such as continuation and updated training
3 disadvantages of magistrates?
1) lay magistrates are unrepresentative of society , this is because of there traditional nature for example most magistrates are white , middle aged , middle class men who aren’t representative of society. ged 45 – 65. Magistrates under 40 are still rare, only 4% are under 40 and half of all magistrates are in their 60’s (Judicial Statistics 2011).
2) No legal training/ experience- - Some critics have suggested that as magistrates have no legal training, they should not be given the role of deciding questions of guilt and sentencing. They have been accused of administering amateur justice. The Magistracy cannot be expected to comprehend the finer complexities of the criminal law and sentencing issues. Therefore, it could be argued that it would be better suited in the hands of professionals.
3) inconsistent sentencing- istrates in different areas often pass different sentences for what appear to be similar offences. The Government’s White Paper “Justice for All” 2001 gave some examples, e.g. 20% of offenders convicted of burglary in Teeside were given a custodial sentence compared with 41% of offenders in Birmingham. 38%
What are the advantages of tribunals
- Representative of society - Magistrates provide a cross section of society. Gender is evenly represented, 53% of magistrates are female and 47% being male. Recent figures do show that the Magistracy is increasingly reflecting an increase in ethnic diversity. This shows that magistrates are a useful part of the English legal system
- Few appeals- There are few appeals against the magistrates’ decisions and many of these are made against the sentence and not the conviction. The Judicial Studies Annual Report 2009 showed that only half of 13,000 appeals from the Magistrates Court are allowed. In 2009 there were only 68 appeals from the Magistrates’ Courts on the by way of case stated to the Queen’s Bench Divisional Court of the High Court and of these only 44 were allowed.
- Improved Training - The training of magistrates has improved with the new training system and the strengthened role of the Judicial Studies Board in their training. The training involves practical “on the job” training. It is competence based and the mentor guides and advises new magistrates. This aids in increasing the quality of judging. A national syllabus is followed and magistrates are appraised to ensure they have attained the relevant competencies.
