Magistrates

Question 1

What is meant by lay people?

Answer 1

People who are not experts in a particular feild of profession

Question 2

What qualifies a person to become a magistrate?

Answer 2

• 18-74 yrs
• live in or near the area where your court would be
• commit to sitting at least 26 half days/13 full days a yr
• 6 personal qualities

Question 3

What are the 6 qualities?

Answer 3

Some → Show self-awareness and be open to learning

Cats →Communicate with sensitivity and respect

Understand → Understand and appreciate different perspectives

More → Make fair, impartial and transparent decisions

Good → Good character

Wisdom → Work and engage with people professionally

Question 4

Who cannot serve as a Magistrate?

Answer 4

• Police
• Soldiers
• Criminal

Question 5

Step 1 of selection and appointment

Answer 5

Apply via directgov website or by post

Question 6

Step 2 of selection and appointment

Answer 6

Local Advisory Committe (LAC) creates a shortlist and checks references

Question 7

Step 3 of selection and appointment

Answer 7

Interviews are arranged the interview panel consists of two Mags and one other person.

Question 8

Step 4 of selection and appointment

Answer 8

There will be two interviews
1. Will examine character (6 qualities)
2. Will include trial and sentence exercises

Question 9

Step 5 of selection and appointment

Answer 9

Candidates reviewed by the LAC to ensure a balanced bench. E.G. Age, gender, ethnicity.

Question 10

Step 6 of selection and appointment

Answer 10

The committee submits recommendations to the Lord Chief Justice

Question 11

Step 7 of selection and appointment

Answer 11

The lord chief Justice makes the appointment on the Kings behalf

Question 12

What type of offences do Magistrates look at?

Answer 12

Triable either way, and summary

Question 13

Magistrates role Pre-trial

Answer 13

• Hear applications for bail, or remand in custody (bail may be granted with conditions like surrendering passports)
• Issue Warrents
• Issue Witness summons
• Extand time police can hold a suspect
• Refer offences to the crown court

Question 14

Magistrates role during trial

Answer 14

• Hear summary and triable either way cases
• Listen to evidence
• Take legal advice from court clerk
• Reach a verdict

Question 15

What will happen if D between the ages 10-17

during trial

Answer 15

• A specially trained Mag will hear their trial in the youth court

Question 16

What can the Magistrates do if D is found guilty

Post trial

Answer 16

• they can sentence D up to 6 months in prison or unlimited fine
• if they feel this is insufficient they can send D up to the crown court

Question 17

What can D do if they disagree with their verdict or sentence

Answer 17

They can appeal to the crown court where it will be heard by 2 Mags and 1 judge