Magistrates Flashcards
magistrates
-lay people
-not legally qualified
-undertake a training programme
-16000 in UK
-justice of peace, volunteer
how is it organised
-sit in a bench of 3
-get legal help from court clerk/legal advisor
-district judges also work there
Qualifications
None required but 6 key qualities:
-good character
-communication
-social awareness
-maturity
-sound judgement
-reliability
Age and commitment
-18 to 74
-retire at 75
-expected to live or work near by
-sit at least 26 half days a year
Appointment
-local advisory committee
-recommend by 1 of 48
-appointed by lord chief justice
-interviews based on skills
Training
-Judicial college
-initial introductory training
-core training
-activities such as prison visits
Monitoring
-new magistrates sits as wingers
-appraisals to check compedence
-additional training for someone who wishes to come a chairmen or specialise
Role
Criminal
-96% of all cases
-verdict and sentence
-bail
-pre trial hearings
Civil
-family proceedings court
Retirement
-75
-can be removed under s11 Court Act 2003
Advantages
-wider cross section of society
56% women than 32% women judges
-local knowledge
-cost
-clerk
-fewer appeals
Disadvantages
-unrepresentative of society
40% retired
-prosecution bias, trust police
-reliance on clerk
-slow
-inconsistency in sentencing, different areas