Magistrates Flashcards
Are magistrates legally qualified?
No
What are some of the cases magistrates will hear?
-Summary and triable either way offences
-youth court proceedings 10-17yrs
-consider bail applications
-issue arrest and search warrants
How many magistrates sit together on a case?
3 (of which one is the chair)
What court do magistrates sit in?
The magistrates court
Who can do the equivalent of a magistrate?
A District Judge
How many days do magistrates have to sit for?
A minimum of 26 half days
What are the six key qualities of magistrates?
Maturity and sound temperament
Commitment and reliability
Good character
Understanding and communication
Social awareness
Sound judgement
What are some of the exclusions to being a magistrate?
-police and traffic wardens
-disabilities
-criminal convictions
-undischarged bankrupt
-relatives
Under what Act are magistrates appointed?
Under the Justice Of The Peace Act 1997 they are appointed chief justice
What is looked at in the first interview to become a magistrate?
Find out about the 6 personal attributes
What is done in the second interview to become a magistrate?
Test candidates judicial aptitude using two case studies
Is the court clerk legally qualified?
Yes
What does the court clerk do?
-assist and advise the magistrates
-carry out administrative roles
Do court clerks assist in decision making?
No