Magistrates Flashcards

1
Q

lay magistrates

A
  • bench of three
  • not qualified in law
  • part time
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2
Q

district judge

A
  • works alone
  • qualified in law
  • full time
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3
Q

maximum sentences

A
  • 6 months imprisonment

- £5000 fine

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4
Q

appointment

A
  • by lord chancellor

- takes advice from local advisory comitee

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5
Q

qualifications

A
  • 18-65
  • live or work in local area
  • be nominated by a local group
  • six key qualities
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6
Q

six key qualities MCGUSS

A
M- maturity and sound temperament
C- commitment and reliability
G- good personal character
U- understanding and communication
S- social awareness
S- sound judgement
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7
Q

who cant be a magistrate?

A
  • MP’s
  • armed forces
  • convicted criminals
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8
Q

retirement

A
  • retire at 70

- entered onto supplemental list

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9
Q

interviews

A
  1. assess attitudes and personality

2. assesses practical skills with sentencing exercises

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10
Q

magistracy is representative

A
  • gender balanced almost 50%
  • involves members of the local community
  • 7.7% are from an ethnic background
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11
Q

magistracy is NOT representative

A
  • mostly professional people who have early retirement
  • only 40% are in full time employment
  • only 4% are under 40
  • 50% are between 60 and 70
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12
Q

training

A
  • delivered by justice clerks

- reading and distance learning e.g. personal development log

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13
Q

new training initiative

A
  • renewed in 2004

- courts act 2003 says that sec of state justice must provide training

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14
Q

4 basic competencies

A
  1. managing yourself
  2. working as a member of a team
  3. making judicial decisions
  4. managing judicial decision making
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15
Q

introductory training

A
  • administration of the court

- understanding organisation of the bench

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16
Q

core training

A
  • developing key skills and knowledge needed
17
Q

training activities

A
  • observations in court

- visits to prisons

18
Q

after training

A
  • given a mentor and accompanied in court at least 8-11 times
  • attend a further 7 training sessions
  • keep a development log of their progress
  • after one year their performance will be appraised to check for all the competencies
19
Q

advantages of magistrates

A
  • not paid so cheap for government
  • no qualifications needed
  • deals with 97% of cases so easy and cheap
  • serve justice in their own area
  • volunteered so determined and committed people apply
20
Q

disadvantages of magistrates

A
  • not qualified in law
  • only one qualified lawyer in the court room
  • majority are conservative
  • slow process due to stopping to ask the clerk for advice
  • in consistency in sentencing