magistrates Flashcards
how many magistrates are appointed every year
1200
what are the six key qualities one needs to demonstrate to become a magistrate
- sound judgement
- social awareness
- understanding and communication
- commitment and reliability
- maturity and a sound temperament
- a good character
what are the five factors that will restrict appointment
any serious criminal convictions conditions such as hearing impairments MPs police officers/ guards undischarged bankrupts
what age category do you have to be within to be appointed as a magistrate
18-65
what is expected of magistrates in terms of their location
they are expected to live or work near or at their local justice area
how are magistrates paid
they are not paid for their service- only expenses are paid
how much does a magistrate work in a year
26 half days annually
who else will sit in a magistrates court
the district judge
who appoints magistrates and how do they do it
the senior presiding judge who makes decisions annually based on recommendations from the local advisory committees.
how many members are in a local advisory committee and who will this consist of
a maximum of twelve members, a mixture of magistrates and non magistrates
what is the intention of local advisory committees
to create a diverse panel that represents all aspects of society
how must you apply to become a magistrate
you must apply directly to your local advisory committee and only if they are recruiting
what process to aspiring magistrates have to undergo
an interview
what three things will be covered in the interview
- they will grasp an idea of the persons personal attribute, looking for the six key qualities
- ask their opinion on criminal offences ie dink driving
- discuss a scenario similar to one that might occur in a magistrates court, like sentencing
what percentage of magistrates are female
56%
what percentage of magistrates are BAME
14%
what percentage of magistrates are over 60
49%
what percentage of magistrates are under 30
1%
what percentage of criminal cases are heard by magistrates
97%
what offences do magistrates deal with
all summary offences, and triable either way offences when the defendant chose be trialed in the magistrates court
what percentage of criminal cases are dealt with by magistrates
97
what does the preliminary work of a magistrate involve
preliminary work involves early administrative hearings, bail applications, and remand hearings
what are four aspects of a magistrates work
deal with justice funding, initial hearings of indictable offences, refer matters to the crown court for sentencing, authorise extensions to police custody periods
what are three separate courts that magistrates work at
youth court, family court and appeals
what does the youth court involve in two points
- specially trained magistrates
1. young offenders aged 10-17
what act was the family court set up by
the crime and courts act 2013
what three things might the family court deal with
domestic violence, adoption cases, Children Act cases
how are appeals from the magistrates court dealt with
appeals are heard in the crown court but magistrates will sit to hear them
what is the role of a legal clerk
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
what are legal clerks not meant to do and what case demonstrated this
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
