Magistrates

Question 1

Age

Answer 1

18-65 (very few under 30)

Question 2

Key qualities

Answer 2

Lord chancellor in 1998: Good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement, commitment and reliability

Question 3

Judicial qualities

Answer 3

Assimilate (understand quickly) judicial information and make reasoned decision

Question 4

Commitment

Answer 4

26 half days per year

Question 5

Area

Answer 5

Live or work in local area

Question 6

Disqualification

Answer 6

Serious criminal convictions, cannot carry out (blind or deaf), Close connection (police, armed forces), close relatives in criminal justice, MP’s, undischarged bankrupts

Question 7

Role: Deal with 97% of criminal matters

Answer 7

All stages of summary
Some triable either way - pre-trialm plea, mode of trial, trial and sentencing
Pre-trial for indictable
Panel of 3 (or 1 district)

Question 8

Other duties

Answer 8

Issue search and arrest warrants, grant custody extention
Youth court for cases of offenders 10-17
Family court involving child protectiom, adoption orders and orders under children act 1989
Sit on appeals from magistrates in crown

Question 9

Assisted by legal advisor

Answer 9

Qualified lawyers
Helps explain law and legal procedures
a.28(3) Justices of the PEace Act 1979: Cannot help make decision
R v Eccles: Clerk helped, conviction quashed

Question 10

How many

Answer 10

1200 new appointments a year

Question 11

Selection

Answer 11

Advertise in local press - target underrepresented groups
apply to LAC - 12 reps for local community (half magistrates, half not)
2 interviews:
1. General character, personal attributes, attitudes to issues, key qualities
2. judicial aptitude

Question 12

Appointment

Answer 12

Crime and courts act: LAC recommends names to senior presiding judge who appoints formally
Candidates sworn in at local court and give oath
Must retire at 70