Magistrates Flashcards
Qualifications and disqualifications of lay magistrates
1) Qualifications
- 18-65
- 6 key qualities eg good character sound judgement
- Commit to a minimum of 26 half days a year
- live in the local justice area
2) Disqualifications
- Previous convictions
- Military
- Related to someone in criminal of justice service
- Declared bankrupt
- Retire at 70
- inappropriate behaviour
* when ever asked to do one do both!!
Selection process of magistrates
1) Advertisement may be seen online, local newspaper & on side of buses
2) Apply by filling in an application form and hand it into the courts
3) Attend an open day/evening at the courts to find out more about the role
4) Invited for a interview by the local advisory committee(LAC)
- 2 stage interview
- Formal discussion 6 key qualities
- 2 case studies alputute test to check you can make good decisions and no bias
- They will look at occupational background and political views to help make the decision
5) LAC recommends canditdates to the lord chancellor to be appointed
6) Appointed by the lord chancellor on behalf of the queen
Work and role of lay magistrates
- Listen and look at all evidence eg.cctv and witness
- Decide the verdict- guilty or not
- Decide the sentence -up to 6months in prison and £5,000 fine
- Issue search and arrest warrant for the police
- Bail & legal aid applications
- Preliminary hearing of all offences (Name,DOB,Plea)
- Sit/hear youth court cases (10-17 years) less formal
- Hear appeals in the crown court
- Hear all summary offences and some triable either way offences
- Hear 97% of all Criminal offences verdict+offence
- Work as a panel of 3
Disadvantages of lay magistrates
1)Prosecution bias- easily led by the police only 20% of cases are acquitted
2)Middle class middle aged middle minded- 80% over 50 conservative supporters
3)Legal advisor can sway the magistrate opinion inappropriately
4)Case hardened- they are quite harsh in their decision making as they hear cases day in day out
5)Not a good cross section of society only 8% ethnic minority’s
6)Postcode lottery: can get a different
sentence depending on where you live
7)Training: some feel the training is not through enough or too long and puts people off
8)Lack of legal knowledge: may get confused or no understand the case
9) local knowledge- more likely to be bias because you know the area
10)Younger magistrates less life experience may not take it seriously or be taken seriously
Advantages of lay magistrates
1) Attracting younger magistrates: reduced from 27 to 18 some 19,20,21 yr olds magistrates
2) Good cross section of society gender 51%men 49%women
3) Trial by peers: tried by people that are equal to you
4) Saves money- saves £100mil per year which can be spent else where eg. Education
5) Local knowledge- live in LJA so understand the local area
6) Advertisement campaign -£4mil spent to attract a wider variety of people to the job
7) Few appeals- only 3% of cases are appealed shows magistrates are making good decisions
8) Impartial- steps taken interview & training to prevent bias
9) Through training- MNTI2: is improved gaining programme- must have the 4 competencies
10) Legal advisor- can ask for advice and to help understand the law
Training of lay magistrates
- Trained by the judicial studies board
- Originally MNTI1 in 1998 (mag new training initiative)
- Replaced with MNTI2 2004 (national)
- Develops 4 competencies
1) Managing yourself
2) Working as a team
3) Making judicial decisions
4) Managing judicial decisions - Training
1) Initial stage- basic info about court - Role & responsibilities of people in court
- Visiting prisons, observing cases, young offenders
2) Core training- develops legal knowledge & skills eg. team work, note taking, communication
3) Mentor sitting- sit with experienced magistrate & ask questions
4) Consolidation training- summarise & bring together all knowledge
5) Appraisal- checking you have acquired the 4 competencies - if both back to core training
6) become a winger- sit either side of a chair person as a panel of 3
7) (optional)continuation training - Additional training: youth court, chair person, family court
- If says explains, outline, describe do everything
- If says comment= everything & evaluate
