Magistrates Flashcards
Describe how magistrates are selected and appointed
Each year, around 700 lay magistrates are appointed. The Lord Chief is the one who holds the power of appointment, but has currently delegated his powers to the Senior Presiding Judge. On appointment, candidates must be aged between 18 and 65; this was lowered to 18 in 2013. To become a magistrate, candidates do not need any formal qualifications or legal training. The process of becoming a magistrate is divided into a 2 stage interview. During the first interview, the local advisory committee, which is a panel of 12 members including both magistrates and non-magistrates, are looking out for key personal qualities within the candidates. Some of these include: good character, social awareness, sound temperament, and understanding and communication. The panel will also explore the candidate’s attitudes on different criminal justice issues such as youth crime and drink driving. Then, during the second interview, the panel will discuss 2 cases, which will either be a summary offence or a triable either-way offence heard in the Magistrates Court. Once the interviews are over, the committee will send the names of the candidates worthy of being magistrates to the Lord Chief, who will then select and appoint the new magistrates. Lay magistrates are expected to serve for 5 years and retire at the age of 70.
Describe the work/use of magistrates
Magistrates deal with all summary offences and either-way offences tried in the Magistrates Court. They also deal with Early Administrative Hearings, remand hearings, and bail applications. In criminal cases, where the defendant pleads not guilty, the magistrates will hold a trial and decide whether the defendant is guilty or not guilty. However, if the defendant pleads guilty, or is found guilty, then the magistrates will also decide the sentence. Magistrates have the power to imprison an offender for 6 months for one offence, and 12 months for two offences. They also have wider sentencing powers such as: making community orders, fining a defendant, ordering a conditional or absolute discharge, and disqualifying a defendant from driving. For indictable offences, magistrates will deal with the first hearing and then they will transfer these to the Crown Court for trial.
