magistrates Flashcards

1
Q

what are magistrates

A

volunteers who serve in the magistrates courts
18-75 yrs old
no legal qualifications

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2
Q

disctric judges

A

hear criminal cases, youth cases and some civil
hear cases alone

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3
Q

6 qualitities

A

good character
coommitment
social awareness
sound judgement
understanding
maturity

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4
Q

training

A

mandatory training
supported in court by legal advisor

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5
Q

appointment

A

selected by 47 local advisory committees
excludes police officers, traffic wardens, armed forces

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6
Q

justices clerk

A

senior lawyer to magistracy
required to be a solicitor or barrister of 5 years
advices and guides magistrates

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7
Q

criminal jurisdiction

A

summary offences
triable either way

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8
Q

civil jurisdiction

A

grating licenses to betting shops
youth courts for 10-17

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9
Q

role of the judiciary

A

provides impartial conflict resolution
judicial review
speration of powers

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10
Q

who are the judiciary

A

head- president of courts of england and wales
president is also lord chief justice

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11
Q

judicial hierarchy

A

12 justices of supreme court
38 lord justices of appeal
criminal division lord chief justice
civil division master of the rolls
108 high court judges

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12
Q

judges

A

circuit- county courts and some crown courts
district- magistrates
recorders- barristers or soliciors who hear less serious crown court cases

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13
Q

appointment before 2005

A

house of lords and CofA- queen on the advice of the prime minister
high court, circuit and recorders- queen on advice from lord chancellor

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14
Q

current procedure

A

judicial appointment commission
tribunals, court and enforcement act 2007- broadens candidate pool
assessment replaced job interview
JAC recommends and evaluates candidates

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15
Q

termination of appointment

A

dismissal- only by monarch and petition from both houses
discipline- judical conduct and investigations office
resignation- serious misbehavior
retirement- at 70
removal- disables or incapacitated

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16
Q

independence of judicary

A

seperation of powers
impartiality
security of tenure
independent decision making
free from pressure by government

17
Q

criticisms of the judiciary

A

background, race, ethnicity
training- little/non
non-judicial
narrow background- out of touch with real world
cases with political implicatopns are defended- birmingham six case
right wing bias
bias against women