Magistrates Flashcards
What is the age range for a person to become a magistrate?
18 to 74 years old
What is the minimum service requirement for a magistrate?
At least 26 half days (or 13 full days)
Name one of the six attributes required to become a magistrate.
Self-awareness and openness to learning
What type of decisions must a magistrate be able to make?
Fair, impartial and transparent decisions
Who is excluded from becoming a magistrate?
Those with criminal convictions or incompatible jobs
What is one example of an incompatible job for a magistrate?
Police officer
How can applicants submit their application to become a magistrate?
Through the post or online
Who checks the references of the shortlisted candidates?
Local Advisory Committee (LAC)
What are the two parts of the magistrate interview?
Character interview and trial/sentencing exercises
What does the LAC ensure when recommending candidates?
A balanced bench
What factors contribute to a balanced bench?
Age, occupation, gender, and ethnicity
Who appoints magistrates on behalf of the Queen?
Lord Chief Justice
Who listens to evidence in summary offences and triable offences that do not go to the Crown?
3 lay Magistrates
They also consider the court clerk’s advice before deciding a verdict.
What is the maximum prison sentence a Magistrate can impose for summary offences?
6 months
Magistrates can also impose an unlimited fine.
What can Magistrates do if they find the sentence insufficient for a guilty verdict?
Send D up to the Crown for harsher sentencing
In which court is a trial held for defendants aged 10-17?
Youth court
A specially trained Magistrate will hear their trial.
What can a defendant do if they disagree with the guilty verdict or sentence?
Appeal to the Crown court
Who may hear appeals in the Crown court?
2 Magistrates and a judge
What do Magistrates prepare if a triable either way offence is going to the Crown for trial?
The case initially
What do Magistrates prepare before sending indictable offences to the Crown Court?
Indictable offences
What are Magistrates responsible for in all cases?
Granting bail or remand
What may be attached to bail granted by Magistrates?
Certain conditions, like surrendering passport
Outside of court, what can Magistrates issue to allow police to search property?
Warrants
What can Magistrates issue to compel witnesses to come to court?
Summons
What is the maximum time Magistrates can extend police custody for questioning?
96 hours
