magistrates Flashcards
Magistrates are…
lay people - this means that they have no formal legal qualifications.
They are ordinary people.
magistrates must be…
must be suitable in character, integrity. & understanding for work they have to perform.
In 1998 the Lord Chancellor set out 6 key qualities which candidates should have. These are…
- good character
- understanding & communication
- social awareness
- maturity and sound temperament
- sound judgement
- commitment & reliability
why are the 6 key qualities so important?
to ensure that the judgement made is fair
what ages can magistrates be?
18-65 on appointment
retire at 70
where are lay magistrates expected to live?
they’re expected to live or work within or near to the local justice area to which they are allocated.
magistrates are expected to sit at least how many days in a year?
Magistrates are required to sit for at least 26 half days each year.
It is quite a commitment & may deter people from becoming a magistrate.
Restrictions on appointment
These include:
- people with serious criminal convictions
- undischarged bankrupts
- members of the forces
- those whose work is incompatible with sitting as a magistrate (eg- police officers or traffic wardens)
how are magistrates appointed?
appointments are made by the lord chief justice
appointments made relies on recommendations made by the local advisory committees (which is made up of existing magistrates and other local people)
selection of magistrates
- Names of potential magistrates can be put forward by anyone to the Local Advisory Committee (LAC).
- The committee try to encourage as wide a range of potential candidates as possible & it is possible for people to put themselves forward.
- Normally names are put forward by groups like political parties, trade unions & chambers of commerce.
how does the LAC encourage a wide range of potential candidates?
To try to encourage as wide a range of potential candidates as possible, committees have advertised for individuals to put themselves forward with advertisements being placed in radio ads, local papers even buses.
- They aim to get a balance of occupations when they recruit & not have more than 15% of the bench coming from any one category of occupation.
interview process
First of all, you fill out an application form & give the names of 2 referees.
Then there is an interview stage.
This is usually a 2 stage process.
- At the first interview the panel try to find out more about a candidate’s attributes, in particular looking to see if they have the 6 qualities.
The panel will also explore the candidate’s attitudes on things like youth crime. - The second interview is aimed at testing the candidate’s potential judicial aptitude & this is done by a discussion of at least 2 case studies which are typical of those heard regularly in the magistrate’s court. The discussion could be about the type of sentence that should be given.
Magistrates duties/ their role…
- They listen to some 97% of all criminal cases - summary (minor cases) like fly tipping, speeding. They hear these from beginning to end. This means they decide innocence or guilt & give out sentences.
- They sit as a Youth court (specially trained to hear cases of young offenders aged
10-17yrs). There is usually at least one woman & one man. Hearings are informal and private. - They decide issues of bail/warrants - this is called preliminary work.
- They also sit in the Crown court to hear appeals from the Magistrates court. 2 magistrates would attend such an appeal. In these situations they form a panel with a qualified judge
- They deal with first hearings ..ie serious indictable cases which still start in the magistrates court. this is called an Early Administrative Hearing before transferring the case to the crown court
what is the legal adviser/ clerks role on the bench with magistrates?
The clerk’s duty is to guide the magistrates on questions of law, practice & procedure. They do not assist in the decision making process & do not retire with magistrates when they go off to make their decisions.
