Magistrates

Question 1

What is a Magistrate?

Answer 1

An ordinary, non-qualified person in the legal system

Question 2

What are the 6 formal requirements for magistrates?

Answer 2

1. Aged 18 - 75 on appointment
2. British, Irish or commonwealth citizen
3. In good health
4. Live in/close to the area of the court
5. Have satisfactory hearing
6. Able to sit 26 half days per year.

Question 3

What are the 6 key qualities of a magistrate?

Answer 3

1. Good character
2. Understanding and communication
3. Social awareness
4. Maturirty and sound temperament
5. Sound judgement
6. Commitment and reliability

Question 4

What must prospective magistrates also do?

Answer 4

1. must agree to take an oath of allegiance
2. disclose all criminal convictions and civil orders

Question 5

Why might people not qualify to become a magistrate?

Answer 5

1. if they do not have all key qualities and requirements.
2. their job may create bias (for example, police officer)

Question 6

Selection Process

Answer 6

1. Appointmented by the Lord Chief Justice
2. Vacancies advertised on radio and local newspapers. Applicants must fill out an application form.
3. First interview with the Local Advisory Committee
4. If successful, a second interview, involving case studies. Background checks are completed.

Question 7

Appointment process

Answer 7

1. Appointed by Lord Chief Justice
2. Delegates to presiding Judge for England and Wales
3. Officially appoints lay magistrate on behalf of the current monarch

Question 8

Composition of Lay Magistrates

Answer 8

56% of magistrates are women
14% of magistrates are from an ethnic minority
7% are declared of having a disability

Question 9

Role of magistrates (The magistrates court Act 1980)

Answer 9

1. Look at all summary offences and some triable either way
2. In charge of mode of trial hearings
3. 97% of criminal cases
4. Transfer cases to the crown court
5. Youth court (with additional training)
6. can sentence up to 12 months (Sentencing Act 2020)