magistrates Flashcards
what are the 6 qualifications to become a magistrate?
(none are formal qualifications)
- Age: 18-74, must retire at 75
- residence: live near the court you wish to work in
- commitment: 26 half days per year (minimum)
- restrictions: certain people are disqualified
- 6 key qualities: asessed at first interview
- judicial qualities: assessed at 2nd interview
what are the 6 qualities asessed at first interview?
- good character
- understanding and communication
- social awareness
- maturity
- sound judgement
- commitmment and reliability
what 4 judicial qualities does a person need to be a magistrate?
- judicial aptitude
- assimilate factual information
- can make a judgement
- consider reasoning of others/be able to work as a team
what are the 4 restrictions on appointment that mean a person cannot be a magistrate due to bias and lack of independence on their views?
- serious criminal convictions
- undischarged bankrupts
- police officers and traffic wardens
- relatives of members of local criminal justice system
briefly explain the selection process for becoming a magistrate
application via the government website to the LAC who then review all applications and aim to select a good cross-section of society.
briefly explain the interview process carried out by the LAC (local advisory committee)
2 stage process:
1) at first interview the panel asseses canidates on if they have the 6 key qualities as part of their personal attributes
2) second interview aims at assessing jucicial aptitude that is done by a discussion of at least 2 case studies (usually heard in Magistrates)
briefly explain the role/duties of magistrates
- role of hearing all case evidence and to decide a verdict and can setnence for up to 6 months or a fine of up to £5000, with assitance fgrom legal adviser
- try 97% of cases (summary and some triable weither way cateogires)
- they deal with preliminiary hearings in the 3% remaining indictable offences
- also deal with other civil matters such as council tax
- when sitting in youth court matters they have to have had special training to deal with children ages 10-17 and have to be formed of 1 male and 1 female
- can sit in appeal court matters if D apeals his case to crown court
- sitting in family court matters male and female pannel- requires extra training
what is a legal adviser?
a senior clerk or solicitor of 5 years calling that checks magistrates are following the rules
