Magistrates Flashcards
What percentage of criminal cases do magistrates try?
97%
What are Magistrates also known as?
Justices of the Peace
How many magistrates sit on a court bench?
3
What kind of matters can be decided by a single magistrate?
Bail, warrants etc
What duties do Magistrates have in a criminal court? (Give 3)
\+ Bail applications \+ Early administrative hearings \+ Mode of trial, sentencing, and verdict in TEW cases \+ Youth Court \+ Issuing warrants and summonses
What duties do Magistrates have in Civil Court?
+ Licensing Appeals (alcohol, gaming, entertainment)
+ Family Court (adoption, child support agency, care proceedings)
+ Utility debt enforcement (gas) and non-payment of tax or TV license
What is the minimum number of sessions magistrates must sit every year?
26 (13 days)
What are the rules on “location” for magistrates?
Magistrates are appointed to the local area, but magistrates have national jurisdiction. But they should live or work in the general area.
What are the age requirements on being appointed a magistrate?
Magistrates must be between 18-65 on appointment
What are the 6 qualities needed to be a magistrate?
Commitment and reliability, Good character, Understanding and communication, Social awareness, maturity and sound temperament, sound judgement.
What kind of people cannot be appointed to be Magistrates? (List 4)
+ Those in work that is incompatible with their relatives (police spouse)
+ Close relatives will not be appointed to the same bench
+ People whose disabilities mean they can’t carry out their duties
+ Undischarged bankrupts
+ Those who have committed certain serious offences
+ Armed Forces
Who selects Magistrates?
Magistrates are selected by the Local Advisory Committee (made up of 12 people)
How many stages does the interview process have for Magistracy?
There are 2 stages
What is the first stage of the interview process?
Exploring the candidates attributes to various criminal justice issues, to see if they have the 6 key qualities
What is the second stage of the interview process for magistracy?
Deciding if the candidate can sentence appropriately by looking at cases
What 5 qualities must the bench be balanced with?
\+ Occupation \+ Age \+ Gender \+ Ethnicity \+ Political Alignment
What age do magistrates retire?
At 70, but they can still sign documents for court
How does a candidate become a DJMC?
Candidates must be lawyers (barristers, solicitors, court clerks) of 7 years standing
Why are DJMCs a good idea?
Because they dispense justice quickly without having to rely on other people
Why are DJMCs controversial?
because they don’t represent trial by peers
What are some positive AO2 points about magistrates?
+ It involves the whole community, which is good because of trial by peers. Only 25% of DJs are female, but 51% of magistrates are female and better ethnic rate. Therefore people have more confidence in the verdict.
+ There are 3 of them for balance. It is very expensive to have 3 judges so mags are cheaper and less intimidating.
What are some negative AO2 points about magistrates?
+ Not as representative as we would like -middle class, middle minded. But this is unavoidable because young poor people are not in a position to do voluntary work and we don’t want people with extreme views
+ It takes longer to reach a decision or three of them to debate issues, because they rely on the clerk for advice
