Magistrates Flashcards
What is the role of magistrates within the criminal justice system?
Magistrates hear and decide criminal cases, oversee bail decisions, impose sentences, and deal with some civil and family matters.
What percentage of the judicial community in the UK do lay magistrates make up?
Lay magistrates make up 85% of the judicial community in the UK.
How many sit on a Magistrates’ Bench?
Three lay magistrates sit on a Magistrates’ Bench.
What is the minimum number of sittings required per year for magistrates?
Magistrates are required to do a minimum of 26 half-day sittings (13 days) per year.
What is the maximum prison sentence that magistrates can impose?
Magistrates can impose a prison sentence of up to 6 months.
Which Act gives magistrates national jurisdiction in the UK?
The Courts Act 2003.
What are three examples of criminal jurisdiction for magistrates?
Magistrates deal with summary offences like minor assaults, drink driving, and traffic offences.
What civil cases do magistrates hear?
Magistrates hear cases involving unpaid Council Tax, TV licence evasion, and child custody.
What qualifications must a candidate have to become a magistrate?
Candidates must be aged 18-65, not have serious criminal convictions, and not work in a conflict of interest job.
What are the six key qualities sought in magistrate candidates?
Good character, understanding and communication, social awareness, maturity, sound judgment, and commitment.
Who is responsible for appointing lay magistrates as of 2013?
Lay magistrates are appointed by the Lord Chief Justice.
What is the role of the legal advisor in the magistrates’ court?
The legal advisor assists magistrates with legal advice on law, policy, and procedure but cannot influence their decision-making.
At what age do magistrates usually retire?
Magistrates usually retire at the age of 70.
What role does the Local Advisory Committee play in selecting magistrates?
The Local Advisory Committee conducts interviews and assesses candidate suitability based on key qualities.
How is the magistrate training program structured?
The training includes initial training, mentoring, core training, consolidation training, and regular appraisals.
What is the main advantage of using lay magistrates instead of professional judges?
Lay magistrates provide better societal representation and are less expensive to maintain.
What is a disadvantage of the magistracy related to representation?
The magistracy is often criticized for being predominantly middle-class and middle-aged.
What recent efforts have been made to improve diversity in the magistracy?
Recruitment campaigns and increased awareness initiatives have been aimed at making the magistracy more representative.
Which Act states that magistrates must maintain competence standards?
The Courts Act 2003.
What is a common complaint about inconsistencies within the magistrates’ courts?
There is often seen to be inconsistency in sentencing across different areas.
How often do magistrates receive appraisals to maintain their competency?
Every three years.
What is the complaint process for magistrates?
Complaints about magistrates are directed to the Judicial Conduct Investigation Office.
What sparked the removal of magistrates from office, according to s11 of the Courts Act 2003?
Magistrates can be removed for incapacity, misbehavior, or persistent failure to meet competency standards.
Why might the cost of trials in Magistrates’ Court be considered an advantage?
Trials in Magistrates’ Court are cheaper compared to those conducted in Crown Court.
