Magistrates Flashcards
What else are they known as?
Justices of peace
What% of criminal cases do mags try?
97%
How many mags sit at court bench?
3
What matters can be decided by a single mag?
Bail
Warrants
Duties in a criminal court?
Try all summary cases
Some TEW
First hearing of indictable cases
Bail applications, remand hearings,EAH, issuing warrants for arrest
Youth court
Nora bene at crown court (2 lay mags and 1 judge - hear appeals)
Duties in civil courts?
Enforce council tax demands (gas, electricity)
Family cases (protection against violence)
Proceedings regarding the welfare of children
Appeal against the refusal of licenses to sell alcohol
Minimum number of days they sit?
26 half days
13 days
Age requirement?
18-65
6 qualities
Good character Good understanding and communication skills Social awareness Mature and of sound temperament Sound judgment Committed and reliable
Name 4 reasons why someone couldn’t be appointed as a magistrate?
Criminal convictions Undischarged bankrupts
Member of armed forces
Police
Who selects mags?
Local Advisory Committee
12 people
5 qualities the bench must have to be balanced?
Occupation Age Gender Ethnicity Political alignment
What age did they retire?
70 it can still sign documents
How many lay magistrates are there in England and Wales who work as unpaid workers?
30,000
What is the bench of 3 made up of?
Chairperson and two wingers
Why don’t mags need legal qualification?
There is a legal advisor on hand to advise law and procedure
What do mags work upon?
Criminal and civil matters
What do mags have in both adult and youth courts?
Jurisdiction
What is jurisdiction?
Official power to make legal decisions and judgements
What age do youth courts deal with?
10 - 17
If the D pleads guilty what must mags do?
Pass an appropriate sentence
Example of a sentence from a mag?
Discharge to 12 months in prison for a single offence
Who do mags sit with at crown court?
Judge
What do mags hear at crown court?
Appeals from mags court against conviction or sentence
Example of civil matter?
People who have not paid their council tax or fines
Why may mags undergo further training in family matters?
They can deal with residence and contact orders regarding children
Can mags resign anytime?
Yes
Can a mag be removed?
Yes
Who can remove a mag?
He minster for constitutional affairs
Why may a mag be removed?
Misbehaviour, incompetence, neglect of responsibilities, incapacity
Do mags need to have a British certificate?
No but must swear allegiance to the queen
Why should potential mags be in good health?
So they can carry out necessary duties
Are people with disabilities encouraged to apply?
Yes
Why is someone who is an undischarged bankrupt dot appointed to be a magistrate?
The public are unlikely to have confidence in him or her
