MAGISTRATES Flashcards
What are the 3 formal requirements to become a magistrates
Be aged between 18 and 65 on appointment
Live or work near the local justice area they are allocated too
Be prepared to commit to sitting at least 26 half days per year
Disqualifications
Those with serious previous convictions or a number of minor offences Undischarged bankrupts Serving police officers Traffic wardens Full time members of the Armed Forces
What qualities just you have to be a magistrate
Maturity and sound temperament Commitment and reliability Good character Understanding and communication Social awareness Sound judgement
How many interviews do they have to take part in during selection and appointment
2
How do they apply
Directly for the position of lay magistrate or apply from advertisements in the press for the position
Where is the application given
To the Local Advisory Committee (LAC)
What does interview one consist of
The LAC will check the candidate had the eligibility requirements and 6 key qualities. There will be general questions asked to assess their attitude to criminal justice
What does interview two consist of
It’s practical based
Involves testing their potential judicial aptitude. They’ll be given scenarios and asked to rank them in order of severity and will be given a more in depth case study on sentencing practice
What happens if they successfully complete both interviews
The LAC will submit names to the lord Chief Justice for approval before being submitted to make an appointment. The new magistrates are sworn in at an official ceremony giving AM oath of allegiance to the queen
Who’s the training supervised by
Judicial college
The magistrates training initiative provides a competence framework divided into what 4 areas
Managing yourself
Working as a team member
Making judicial decisions
Managing judicial decisions
In the first year of training what must magistrates complete
Initial training Mentoring Core training Consolidation training First appraisal
Initial training
Before sitting in court the magistrate is given introductory training on the basics of the role. They can then sit in court with experienced magistrates
Mentoring
Six formal mentored sittings in the first 12-18 month
Core training
Where the new magistrate must visit penal institutions and/or undertake court observations
Consolidation training
This is at the end of the first year to build on the learning and to prepare them for their first appraisal
First appraisal
This takes place about 12-18 month after appointment and the mentor and magistrate agree they are ready and successfully deemed fully competent
Extra training is available if needed
What age do magistrates retire
70
What happens when they retire
Their names are added to the supplementary list which means they can no longer sit in the court but they can continue with some administrative duties
Under section 11 of the courts act 2003 what does Lord chancellor have he power to do
Remove a lay magistrates for incapacity, persistent failure to meet competency standards or if they are deemed to be neglecting their duties. A magistrate can also be removed for misbehaviour
Magistrates work/role criminal jurisdiction-
What percentage of criminal cases to magistrates court try
97%
Magistrates work/role criminal jurisdiction-
What do specially trained panels of magistrates do
Deal with young offenders aged 10-17 in youth courts
Magistrates work/role criminal jurisdiction-
What do they deal with
All summary matters- finding defendants guilty or not guilty and sentencing
They deal with arrest and search warrants and extensions to detention times
In triable either way offences they’ll undertake the plea before venue or mode of trial
Magistrates work/role criminal jurisdiction-
Who do they sit with
Judge in the crown court to hear appeals from the magistrate court
Magistrates work/role civil jurisdiction-
What do specially trained panels of magistrates do
Sit in the family court to hear cases including orders for protection against violence, adoption orders and proceedings under the children act
Magistrates work/role criminal jurisdiction-
What do they deal with
Non-payment of council tax and TV licences
Appeals against the refusal of the local authority to grant a licence for the sale of alcohol and licences for betting and gaming establishments
Enforce debts owed to the utilities e.g. Gas, water, electricity
