magistrates Flashcards

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1
Q

how many magistrates are appointed every year

A

1200

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2
Q

what are the six key qualities one needs to demonstrate to become a magistrate

A
  1. sound judgement
  2. social awareness
  3. understanding and communication
  4. commitment and reliability
  5. maturity and a sound temperament
  6. a good character
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3
Q

what are the five factors that will restrict appointment

A
any serious criminal convictions
conditions such as hearing impairments
MPs
police officers/ guards
undischarged bankrupts
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4
Q

what age category do you have to be within to be appointed as a magistrate

A

18-65

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5
Q

what is expected of magistrates in terms of their location

A

they are expected to live or work near or at their local justice area

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6
Q

how are magistrates paid

A

they are not paid for their service- only expenses are paid

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7
Q

how much does a magistrate work in a year

A

26 half days annually

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8
Q

who else will sit in a magistrates court

A

the district judge

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9
Q

who appoints magistrates and how do they do it

A

the senior presiding judge who makes decisions annually based on recommendations from the local advisory committees.

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10
Q

how many members are in a local advisory committee and who will this consist of

A

a maximum of twelve members, a mixture of magistrates and non magistrates

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11
Q

what is the intention of local advisory committees

A

to create a diverse panel that represents all aspects of society

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12
Q

how must you apply to become a magistrate

A

you must apply directly to your local advisory committee and only if they are recruiting

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13
Q

what process to aspiring magistrates have to undergo

A

an interview

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14
Q

what three things will be covered in the interview

A
  1. they will grasp an idea of the persons personal attribute, looking for the six key qualities
  2. ask their opinion on criminal offences ie dink driving
  3. discuss a scenario similar to one that might occur in a magistrates court, like sentencing
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15
Q

what percentage of magistrates are female

A

56%

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16
Q

what percentage of magistrates are BAME

A

14%

17
Q

what percentage of magistrates are over 60

A

49%

18
Q

what percentage of magistrates are under 30

A

1%

19
Q

what percentage of criminal cases are heard by magistrates

A

97%

20
Q

what offences do magistrates deal with

A

all summary offences, and triable either way offences when the defendant chose be trialed in the magistrates court

21
Q

what percentage of criminal cases are dealt with by magistrates

A

97

22
Q

what does the preliminary work of a magistrate involve

A

preliminary work involves early administrative hearings, bail applications, and remand hearings

23
Q

what are four aspects of a magistrates work

A

deal with justice funding, initial hearings of indictable offences, refer matters to the crown court for sentencing, authorise extensions to police custody periods

24
Q

what are three separate courts that magistrates work at

A

youth court, family court and appeals

25
Q

what does the youth court involve in two points

A
  1. specially trained magistrates

1. young offenders aged 10-17

26
Q

what act was the family court set up by

A

the crime and courts act 2013

27
Q

what three things might the family court deal with

A

domestic violence, adoption cases, Children Act cases

28
Q

how are appeals from the magistrates court dealt with

A

appeals are heard in the crown court but magistrates will sit to hear them

29
Q

what is the role of a legal clerk

A

a legal clerk will sit with the magistrates to assist them, clerks are required to have worked as a solicitor or barrister for a minimum of five years

30
Q

what are legal clerks not meant to do and what case demonstrated this

A

they are not meant to assist in the magistrates decision making process. r v eccles justice, a conviction was quashed because the clerk had assisted in the decision making process