Magistrates

Question 1

Qualification magistrate

Answer 1

Between 18-65
Live or work near local court
Serve 26 half days or 13 full
6 qualities: sound judgement, commitment and reliability, understanding and communication, maturity and sound temperament, good character and social awareness

Question 2

Exclusion from being magistrate

Answer 2

Criminal record 
Disability that will affect role 
Declared bankrupt 
Have any legal experience 
-must be lay person

Question 3

Selection and appointment of magistrates

Answer 3

1.apply via direct gov website or by post (response to adverts
2. Local Advisory Committee (LAC) creates a short list and & checks references
3. Interviews arranged
(Interviews panel consists of 2 mags and another upstanding member of the community)
4. Two interviews
A) character interview (6 qualities)
B) trial and sentencing exercise
5. Confiscated reviewed by LAC to ensure balanced bench
6. Committee submits recommendations to Lord Chief Justice and they make the appointment

Question 4

Which crimes go to magistrates

Answer 4

Summary offences and triable either way offences

Question 5

Magistrates extra powers

Answer 5

Magistrates can hear application for bail and grant unconditional or conditional bail eg. Give passport, if not, on remand.
If police want longer time with suspect ie. questioning, they apply to magistrates for extension time (max 96 hours)
Magistrates can issue a warrant to search someone’s property
Can issue summoning if someone is being called to attend court

Question 6

Magistrates in the court

Answer 6

3 lay magistrates hear evidence, receive advice from court clerk and reach a verdict
They can then sentence up to 6 months, if powers are insufficient they can transfer to Crown
Lay magistrates can also hear appeals against sentence or conviction in the crown court with a judge

Question 7

Magistrates suspected between 10-17

Answer 7

Tried by specifically trained magistrates in the Youth Court

Question 8

Historical background & who are mags

Answer 8

Were known as justice of the peace
(1 chair & 2 wingers plus court clerk)
Clerk legally trained but 3 mags are lay

Question 9

Magistrates qualification (pt1)

Answer 9

• 18-65
• live/work near local court
• able serve 13 days/26 half days
  6 qualities:
• sound judgement, commitment and reliability, understanding and communication, maturity and sound temperament, good character, social awareness
  Exclusion:
• criminal convictions
• incompatible job (police)

Question 10

Magistrates selection

Answer 10

• submit application post/online (usually from advert on local paper)
• candidates shortlisted
• reference checked by Local Advisory Committee
• called to have interview w/2 mags & upstanding member of local community
  Interview:
• character interview
• trial and sentencing exercises
• LAC must ensure balanced bench
• LAC recommend candidates to Lord Chief Justice
• Lord Chief Justice appoints mags on Queen’s behalf