magistrates

Question 1

qualifications of magistrates- character (6)

Answer 1

good character
understanding and communication
social awareness
maturity and sound temperament (personality)
sound judgement
commitment and reliability

Question 2

qualifications of magistrates- age

Answer 2

18-65

Question 3

qualifications of magistrates- how often to work

Answer 3

at least 26 and a half days a year

Question 4

qualifications of magistrates- living

Answer 4

live/work in the area the local justice is they’ve been allocated to

Question 5

qualifications of magistrates- reasonable decisions

Answer 5

assess facts and make reasonable decisions
take into account the reasoning of others

Question 6

selection of magistrates- step 1

Answer 6

post advertised:
local press or online

Question 7

selection of magistrates- step 2

Answer 7

apply to the LAC (local advisory committee)
12 people- magistrates and non magistrates who have importance to the local community

Question 8

selection of magistrates- step 3

Answer 8

review-
aim to select a good section of society

Question 9

selection of magistrates- step 4
first interview

Answer 9

general character:
personal attributes, attitude, possession of key qualities

Question 10

selection of magistrates- step 4
second interview

Answer 10

assess candidates judicial attitude and qualities by looking at case studies

Question 11

role of magistrates (5)

Answer 11

deal with majority criminal matters (95%)
family court- civil law
youth court
preliminary matters
appeals from the magistrates court assistance of a legal advisor

Question 12

role of magistrates- criminal matters

Answer 12

deal with all summary matters- start to finish, some triable matters and the first hearing of indictable cases
hear 95% of criminal matters

Question 13

role of magistrates- family court

Answer 13

cases involve:
protection against violence
adoption orders
orders under the childrens act 1989 (legislative focus towards keeping families together, and valuing children as individuals with their own interests and rights)

Question 14

role of magistrates- deal with preliminary matters

Answer 14

mode of trial hearings (deicide what court case heard in)
bail
search warrants

Question 15

role of magistrates- youth courts

Answer 15

specially trained/ nominated to hear criminal cases for children aged between 10-17
sit on a panel of 2- 1 woman, 1 man

Question 16

role of magistrates- appeals from the magistrates court

Answer 16

magistrates sit in the crown court with 1 other magistrate and a qualified judge

Question 17

role of magistrates- have assistance of a legal advisor (a clerk) (includes a case and an act)

Answer 17

qualified lawyer with at least 5 years of experience who can guide magistrates on:
questions concerning the law
any legal procedures
but cant help with the decision making under s.28 of the justice of the peace act 1979
case e.g r v eccles
case was quashed as the legal advisor was involved in the decisions