Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Magistrates > Flashcards

Magistrates Flashcards

0
Q

Within what age range is it possible to become a lay magistrate?

A

18-65

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What is the main difference between a lay magistrate and a District Judge?

A

District Judges have 7 years experience

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the only formal qualification that a lay magistrate must have?

A

Live locally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Magistrates no longer have to be British nationals but must do what instead?

A

Take an oath of allegiance to the Queen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Name the six key qualities of a Magistrate?

A 
Good communication skills and understanding 
Good character
Social awareness 
Maturity and sound temperament 
Sound judgement 
Commitment and reliability
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Give one example of an occupation that would stop someone from becoming a magistrate as it would be considered a “conflicting occupation”

A

Police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Name one other reason someone might not be able to become a magistrate?

A

Bankruptcy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The application form will be used for a number of things but most importantly to check whether the candidate had what?

A

Common sense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

If it is decided to interview the candidate they will normally have two interviews. Describe the main object of either interview?

A

Find out the attitudes of the candidate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who is responsible for the interviewing and recruitment of lay magistrates?

A

Local advisory committee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the body that appoints magistrates trying to achieve in terms of their composition?

A

Reflect society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Who are the names of suitable candidates put forward to?

A

The Lord Chancellor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

New magistrates must now have compulsory training. Which body is responsible for training magistrates?

A

Magistrates Committee of the Judicial Studies Board

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Which methods of training does initial training include?

A

Small group work

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How many hours must a new magistrate sit in court as part of their induction training?

A

18

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How many days minimum must a magistrate be willing to sit?

A

26 half days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What sort of establishments must also be visited as part of the induction training?

A

Prison
Young offenders
Probation Service

17
Q

What is the minimum number of court observations in core training?

A

3

18
Q

After their first two years magistrates must undertake which training and for how many hours?

A

Consolidation training

12 hours

19
Q

What is the name in the meeting in core training which decides whether a magistrate is ready to take up their duties?

A

Appraisal

20
Q

Give examples of a role which will require a magistrate to receive extra training?

A

Youth Court Cases

Family Chair Person

21
Q

What legal expert are magistrates assisted by?

A

Clerk to the justices

22
Q

What are the Magistrates maximum sentencing powers?

A

Maximum fine £5,000

6 months custodial imprisonment- 12 months

23
Q

Name a civil function of a magistrates court

A

Debts

24
Q

What is the age range for defendants in the Youth Court?

A

10-17 years old

25
Q

Qualifications of a magistrate

A

Judicial qualities-assimilate factual information and make a reasoned decision upon it
Take account for the reasoning of others and work as a team
18-65
Must live in the local justice area
26 half days commitment

26
Q

Restrictions on appointment

A

People with serious criminal convictions,undischarged bankrupts, members of the forces and whose work is incompatible with sitting as a magistrate -police

27
Q

Appointment

A

Made by the lord chancellor on the recommendation of the local advisory committees recommendations

28
Q

Local advisory committee

A

Maximum 12 members

Magistrates and non magistrates

29
Q

Interview panels

A

Two stage interview process
First- find out the candidates personal attributes- six key qualities
Second- testing candidates potential judicial aptitude and this is done by a discussion of at least two case studies which are typical of those heard regularly in the magistrates courts

30
Q

Composition of lay magistrates

A 
Half aged between 60-70
4 percent under 40
Overwhelmingly from professional and managerial ranks 
40/ retired from full time employment 
51 women 
8 ethnic minorities
31
Q

Magistrates duties

A

Try 97/ of criminal cases
Deal with preliminary hearings in the other 3 percent- early administrative hearings,remand hearings,bail applications and committal proceedings
Civil matters- utilities,council tax,non-payment of television licences
Hear appeals for the refusal of licences to be granted

32
Q

Youth and family court

A

Specially nominated and trained to deal with charges against young offenders
Special panel for family court- protection against violence l,affiliation, adoption orders and proceedings under the children act 1989

33
Q

Who is the training supervised by

A

Magistrates committee of the Judical study board

34
Q

3/4 competencies

A

Managing yourself
Working as a member of a team
Making judicial decisions
Managing judicial decision making

35
Q

Training of new magistrates

A

Initial training- introductory training of the basics of the role, then sit in court with two other experienced magistrates
Mentoring- specially trained mentor to guide them through the first 12-18 months, mentor sittings review progress
Core training- further training, visits to prisons,youth offenders institutions, and observing over magistrates will take place
Consolidation training- builds on the learning from sittings and core training
Plan for first appraisal
Appraisal- about 12-18 months after appointment, when both the magistrate agree that he or she is ready, the new magistrate is appraised.
When successful the magistrate is deemed as fully competent

36
Q

Training pattern

A 
Appointment 
Initial training 
First sitting 
Mentored sittings 
Magistrate adjudicate in the courts as wingers 
9-12month consolidation training 
After 12-18 months appraisal 
Three year cycle continuation training followed by approval
37
Q

Training sessions

A

Organised and carried out at a liam level in 42 areas
Much of the training is delivered by the justices clerks
The judicial studies board intends that most training should be delivered locally
Youth and family panel chairman delivered nationally

38
Q

Ongoing training

A

Continuation training every 3 years
Appraised to see if they have maintained their competency to sit
Update training changes on law
Extra training youth/family court

39
Q

Retirement

A

Supplemental list

40
Q

Removal for

A

Incapacity or misbehaviour
Persistent failure to meet such standards of competent as are prescribed by the lord chancellor
Declining or neglecting to take proper part in the exercise

Law (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions