Magistrates Flashcards
Within what age range is it possible to become a lay magistrate?
18-65
What is the main difference between a lay magistrate and a District Judge?
District Judges have 7 years experience
What is the only formal qualification that a lay magistrate must have?
Live locally
Magistrates no longer have to be British nationals but must do what instead?
Take an oath of allegiance to the Queen
Name the six key qualities of a Magistrate?
Good communication skills and understanding Good character Social awareness Maturity and sound temperament Sound judgement Commitment and reliability
Give one example of an occupation that would stop someone from becoming a magistrate as it would be considered a “conflicting occupation”
Police
Name one other reason someone might not be able to become a magistrate?
Bankruptcy
The application form will be used for a number of things but most importantly to check whether the candidate had what?
Common sense
If it is decided to interview the candidate they will normally have two interviews. Describe the main object of either interview?
Find out the attitudes of the candidate
Who is responsible for the interviewing and recruitment of lay magistrates?
Local advisory committee
What is the body that appoints magistrates trying to achieve in terms of their composition?
Reflect society
Who are the names of suitable candidates put forward to?
The Lord Chancellor
New magistrates must now have compulsory training. Which body is responsible for training magistrates?
Magistrates Committee of the Judicial Studies Board
Which methods of training does initial training include?
Small group work
How many hours must a new magistrate sit in court as part of their induction training?
18
How many days minimum must a magistrate be willing to sit?
26 half days
What sort of establishments must also be visited as part of the induction training?
Prison
Young offenders
Probation Service
What is the minimum number of court observations in core training?
3
After their first two years magistrates must undertake which training and for how many hours?
Consolidation training
12 hours
What is the name in the meeting in core training which decides whether a magistrate is ready to take up their duties?
Appraisal
Give examples of a role which will require a magistrate to receive extra training?
Youth Court Cases
Family Chair Person
What legal expert are magistrates assisted by?
Clerk to the justices
What are the Magistrates maximum sentencing powers?
Maximum fine £5,000
6 months custodial imprisonment- 12 months
Name a civil function of a magistrates court
Debts
What is the age range for defendants in the Youth Court?
10-17 years old
Qualifications of a magistrate
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
Restrictions on appointment
People with serious criminal convictions,undischarged bankrupts, members of the forces and whose work is incompatible with sitting as a magistrate -police
Appointment
Made by the lord chancellor on the recommendation of the local advisory committees recommendations
Local advisory committee
Maximum 12 members
Magistrates and non magistrates
Interview panels
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
Composition of lay magistrates
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
Magistrates duties
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
Youth and family court
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
Who is the training supervised by
Magistrates committee of the Judical study board
3/4 competencies
Managing yourself
Working as a member of a team
Making judicial decisions
Managing judicial decision making
Training of new magistrates
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
Training pattern
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
Training sessions
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
Ongoing training
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
Retirement
Supplemental list
Removal for
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
