Magistrates Flashcards
What is a lay magistrate?
A lay magistrate, A.K.A Justices of the Peace, are unpaid, part-time members of the public who hear 97% of all criminal cases.
Where is the role of a Justices’ Clerk set out?
s28 Courts Act 2003.
What case demonstrated the clerk is only to assist and not participate in the decision making process?
R v Eccles Justices ex parte Farrelly.
What is the criminal role of Magistrates’?
They hear all summary offences, hear some triable-either-way offences, they decide to give bail or not and carry out the transfer for trial proceedings to the Crown Court.
What is the civil role of Magistrates’?
Enforce debts owed to utilites e.g. gas and electric, deal with non-payment of tax and television licenses!! and hear appeals where local authorities have refused to grant alcohol licenses.
What is the role of the magistrate in Youth Court?
This court deals with offenders between 10-17. This panel of magistrates must be specially trained, be under 65 and consist of at least one man and one woman.
What is the role of the magistrate in family court?
Magistrates operate special panels for family courts that hear orders for protection against violence,
adoption orders and proceedings under the Children Act 1989.
What are the sentencing limits of the magistrates?
6 months for one offence or 1 year for two or more offences. Since s85 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) they can grant unlimited fines for ‘level 5’ offences.
Under what requirements are magistrates appointed?
They need to be between 18-65 on appointment (can serve till 70) and must be able to commit to 26 half days per year.
How are magistrates appointed?
By the Lord Chief Justice on the advice of the Local Advisory Committee. They undergo a two stage interview from the Local Advisory committee.
What qualities do the Local Advisory Committee look for in a candidate?
Good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement, commitment and reliability.
What restrictions are there on who can apply to be a magistrate?
If they have a serious criminal conviction, if they are bankrupt, a member of the armed forces or someone whose work is incompatible with sitting as a magistrate e.g. a police officer.
You got to page 5 of the core notes on the training of magistrates.
Ok.
