magistrates Flashcards
Magistrates hear a case as..
a bench of 2 or 3
What percentage of cases to magistrates try?
94% of all criminal cases, hear the remaining 6% at a preliminary level before being transferred to the Crown Court
What are magistrates?
Unpaid, part time judges in the Magistrates Court.
There are approximately how many magistrates in the UK?
16,000
During the trial, what is the magistrates’ role?
Decide guilt, pass verdict
What is the maximum sentence a magistrate can give?
6 months in prison / unlimited fine
What happens if the magistrates believe that they do not have enough power to sentence the offender?
The case will be transferred to the Crown Court
What do magistrates do in the Youth Court?
Some magistrates are specially trained to deal with offenders aged 10 - 17 in the youth court. The panel usually includes 1 man and 1 woman
What happens when magistrates sit in the Crown Court?
Magistrates can also sit in the Crown Court to hear appeals from the Magistrates Court. They sit on a panel with 2 magistrates and a qualified judge. They hear all the evidence again, then pass verdict and sentence if required.
True or False: Magistrates cannot sign police warrants or extend a suspect’s detention period
False
What is a magistrates clerk/legal advisor?
they assist the magistrates’ bench, and have to be a qualified solicitor/barrister for at least 5 years. They guide the magistrates on law, practice and procedure but do not assist in decision making, but can deal with routine administrative matters e.g. issuing warrants and extending bail.
What is the early administrative hearing?
Pre-trial procedure, the plea is entered and legal aid is discussed
What are bail applications?
For minor offenders only, but they can be released until the trial date, usually with terms and conditions
What happens if your bail application is rejected?
You are put on remand - kept until the trial
What age can magistrates be appointed?
18 - 65
What age does a magistrate have to be?
18 - 70
What are the six key qualities for magistrates?
1Good character,
2understanding communication
3 social awareness,
4 mature and sound temperament,
5 sound judgement,
6 commitment and reliability
Who cannot become a magistrate?
Those with serious convictions, those who are bankrupt, those in the services (e.g. police, traffic wardens), close relatives cannot sit on the same bench
What is the LAC and what is it made up of?
Local Advisory Committee - made up of current/former magistrates and non magistrates
When applying to become a magistrate, who is this application sent to?
The LAC
What is the first interview to become a magistrate for?
Finding out about the candidate’s personal attributes - their attitudes and personality, if they fit the six key qualities etc
What is the second interview to become a magistrate for?
Testing the candidate’s judicial aptitude - usually done by discussing two case studies
Who does the LAC submit the names of successful applicants to?
Lord Chief Justice
Where are magistrates sworn in?
The Crown Court
