Magistrates Flashcards
What is a magistrate ?
Lay magistrates deal with the vast majority of cases as the use of district judges is still relatively limited. Magistrates sit as unpaid, part-time judges in the Magistrates Courts in England and Wales.
What is the role of magistrates ?
-Hear cases
-Decide guilt
-Give sentencing
-Deal with preliminary hearings
-Involvement in Youth courts
-Dealing with appeals
-Giving administrative hearings
What is a magistrates role in “hearing cases” ?
Magistrates’ Courts try 97% of all criminal cases from start to finish. They deal with the other 3% criminal cases at least at a preliminary level with Early Administrative Hearings.
What is a magistrates role in” deciding guilt” ?
Magistrates hear trials for summary and the majority of triable either way offences. During the trial their role is to decide whether they are guilty or not guilty and then pass verdict.
What is a magistrates role in “sentencing” ?
They sentence offenders at the end of the trial or send them to Crown Court for a higher sentencing. The maximum sentence a lay magistrate can give is 12 months.
What is a magistrates role in “preliminary hearings” ?
They deal with preliminary matters such as bail and remand
hearings.
What is a magistrates involvement in “youth courts” ?
A specially trained panels of magistrates deal with young offenders aged 10-17 years in Youth Court. There is usually a gender mix, and they must be under 65.
What is a magistrates role in “appeals” ?
Magistrates themselves sit a with judge in Crown Court to hear appeals from the Magistrates’ Court.
What is a magistrates role in “administrative hearings” ?
Magistrates sign warrants for arrest and warrants for searches. They hear applications for police detention period extensions ( 36 - 96 hours )
What is a magistrates clerk ?
A qualified lawyer who assists the Lay Magistrates with law, policy, procedure, and sentencing. They will not help them to decide the verdict or sentence but will advise them on any legal questions or sentencing issues.
What are the six key qualities candidates to be a lay magistrates should have ?
- Good character
- Understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound judgement
- Commitment and reliability
What else is required of prospective magistrates ?
Magistrates should live or work within or near the local justice area they are allocated to, and they must be in good health, and upon application must be 18-65
Are magistrates paid ?
Lay Magistrates are unpaid except for allowances for travel, meals, and financial losses. However, many employers agree to pay their staff for a portion of their time spent on the bench.
How many sessions should a prospective magistrate be able to sit each year ?
They must be available to sit at least 26 sessions each year
As well as being able to resign at any time, why may magistrates be removed from the role ?
- Bad behaviour
- Criminal convictions
- If they are ineffective
Who cannot be lay magistrates due to their job ?
Police/traffic wardens cannot become Lay Magistrates due to their jobs.
Can people with criminal convictions be a lay magistrate ?
No, unless its a minor conviction such as speeding.
What is the application process to become a magistrate ?
A two -part interview process is conducted by “Local Advisory Committees”, which consist of local people and some Magistrates. Vacancies are advertised and individuals can either be nominated or may apply and put themselves forward. An application form needs to be completed and submitted, and references must be provided.
What is discussed in the first interview ?
Focusses on personal attributes and whether they possess the 6 key qualities
What is discussed in the second interview ?
Aims at testing candidates’ potential “judicial aptitude”. This is done by a discussion of at least 2 case studies.
What is the appointment process to become a magistrate ?
Once the interviews have been completed, the Local Advisory Committee will submit the
names of suitable candidates to Senior Presiding Judge. Then they will then appoint Lay Magistrates from that list of names. The successful applicants will then be sworn in at the Crown Court and may continue to sit until they are 70 years old.
