Magistrates

Question 1

Describe the qualifications needed to be a Magistrate (8 marks)

Answer 1

18-75 years
live or work locally
required to sit 13 days or 26 half days each year
Fit Lord Irvine’s 6 qualities
who can’t be a magistrate?
members of armed forces
anyone who’s work is considered incompatible e.g. police officers
disability which means they can’t fulfil a role
serious criminal convictions
undischarged bankrupts
close relative on same bench

Question 2

Lord Irvine’s six key qualities

Answer 2

1. good character,
2. understanding and communication,
3. social awareness,
4. maturity and sound temperament,
5. commitment and reliability,
6. sound judgement,

Question 3

describe the selection and appointment of magistrates (8 marks)

Answer 3

selection..
application form submitted:
- application form is sifted to ensure applicant is eligible to apply
- if eligible invited to a 1st interview where their personal attributes are compared to Lord Chancellor’s 6 qualities and they will be asked questions to discover their attitudes towards various criminal justice issues
- if successful, invited to a 2nd interview where their potential judicial abilities are tested
appointment..
- Local Advisory Committee will make recommendations of those they think will make suitable Magistrates
- their suggestions are passed to Senior Presiding Judge for approval
- background checks
- Senior Presiding Judge is happy with candidates they will make the appointment on behalf of the crown
- magistrates must swear an Oath of Allegiance to the King

Question 4

describe the role of Magistrates in Criminal Cases (8 marks)

Answer 4

before trial..
- deal with requests from police for arrest warrant, search warrants and an extension of custody up to 96 hours
- hear bail applications, meaning they decide whether D’s should remain in custody or be released whilst waiting for their case to come to trial
- hold Committal proceedings, decide whether they should hear tri-able either way offences or send them to the Crown Court
at trial..
- hear all summary and less serious tri-able either way offences,
- hear evidence, decide verdict + sentence (there are various sentences they can give: discharges, prison sentences of u to 6 months, community orders and fines)
- specially trained Mags sit in the Youth Court to hear cases against young offenders (10-17)
after trial..
- in appeals against conviction or sentence from Mags Court to Crown Court the Mags sit with the judge