magistrates Flashcards
What is meant by the term lay people
People with no legal qualification
What qualifies a person to become a magistrate
-18-74
- live or work near their local court in which they would serve
-commit to sitting at least 26 half days or 13 whole days a year
Name the 6 qualities sought in a prospective magistrate
-self awareness and be open to learning
-communicate with sensitivity and respect
-understand and appreciate different perspective
-make fair, impartial, and transparent decisions
-good character
-work and engage with people professionally
who cannot serve as magistrates?
offenders, disabled, military, non lay people
describe the process for selection and appointment of magistrates
-apply via directgov website or by post
-Local Advisory Committee creates a shortlist and checks references
-Interviews are arranged. The interview panel consists of 2 magistrates and one other person
-There will be two interviews:
1) will examine character
2) will include trial and sentence exercises
-Candidates reviewed by the LAC to ensure a balanced bench e.g Age, gender, ethnicity, and occupation
-The committee submits its recommendations to the Lord Chief Justice
-LCJ makes the appointment
Explain the work of mags in criminal cases
For summary offences and triable offences that do not go up to the Crown, 3 lay
Magistrates will listen to the evidence in the case and the court clerk’s advice before
deciding a verdict in the Magistrate’s court.
If they find D guilty, they can also sentence them up to 6 months in prison for summary offences, or an unlimited fine.
If they feel this is insufficient, they can send D up to the Crown for harsher sentencing.
If the D is between 10 -17 years old, a specially trained Magistrate will hear their trial
in the Youth court rather than the Magistrates court.
If D disagrees with the guilty verdict or sentence he may appeal to the Crown court.
2 Magistrates may have to hear these appeals with a judge.
If a triable either way offence is going to the Crown for its trial, the Magistrates prepare this case initially. Magistrates also prepare indictable offences before sending them up to the Crown Court for their trial.
In all cases, Magistrates are responsible for granting bail or remand. Bail may be granted with certain conditions attached like surrendering passport.
Outside of court, Magistrates can also issue warrants for police officers to search
someone’s property. They can also issue summons to witnesses to compel them to
come to court.
Finally, they can extend police custody time to let them hold someone for questioning for a maximum for 96 hours.
