magistrates

Question 1

Magistrates hear a case as..

Answer 1

a bench of 2 or 3

Question 2

What percentage of cases to magistrates try?

Answer 2

94% of all criminal cases, hear the remaining 6% at a preliminary level before being transferred to the Crown Court

Question 3

What are magistrates?

Answer 3

Unpaid, part time judges in the Magistrates Court.

Question 4

There are approximately how many magistrates in the UK?

Answer 4

16,000

Question 5

During the trial, what is the magistrates’ role?

Answer 5

Decide guilt, pass verdict

Question 6

What is the maximum sentence a magistrate can give?

Answer 6

6 months in prison / unlimited fine

Question 7

What happens if the magistrates believe that they do not have enough power to sentence the offender?

Answer 7

The case will be transferred to the Crown Court

Question 8

What do magistrates do in the Youth Court?

Answer 8

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

Question 9

What happens when magistrates sit in the Crown Court?

Answer 9

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.

Question 10

True or False: Magistrates cannot sign police warrants or extend a suspect’s detention period

Answer 10

False

Question 11

What is a magistrates clerk/legal advisor?

Answer 11

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.

Question 12

What is the early administrative hearing?

Answer 12

Pre-trial procedure, the plea is entered and legal aid is discussed

Question 13

What are bail applications?

Answer 13

For minor offenders only, but they can be released until the trial date, usually with terms and conditions

Question 14

What happens if your bail application is rejected?

Answer 14

You are put on remand - kept until the trial

Question 15

What age can magistrates be appointed?

Answer 15

18 - 65

Question 16

What age does a magistrate have to be?

Answer 16

18 - 70

Question 17

What are the six key qualities for magistrates?

Answer 17

1Good character,
2understanding communication
3 social awareness,
4 mature and sound temperament,
5 sound judgement,
6 commitment and reliability

Question 18

Who cannot become a magistrate?

Answer 18

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

Question 19

What is the LAC and what is it made up of?

Answer 19

Local Advisory Committee - made up of current/former magistrates and non magistrates

Question 20

When applying to become a magistrate, who is this application sent to?

Answer 20

The LAC

Question 21

What is the first interview to become a magistrate for?

Answer 21

Finding out about the candidate’s personal attributes - their attitudes and personality, if they fit the six key qualities etc

Question 22

What is the second interview to become a magistrate for?

Answer 22

Testing the candidate’s judicial aptitude - usually done by discussing two case studies

Question 23

Who does the LAC submit the names of successful applicants to?

Answer 23

Lord Chief Justice

Question 24

Where are magistrates sworn in?

Answer 24

The Crown Court