Magistrates and Juries (A01) Flashcards
what are the 4 areas of competence of a magistrate
•Managing Yourself •Working as a member of a team •Making judicial decisions •Managing judicial decisions (only for chairman of bench
what are the 6 key qualities of a magistrate
- Good character
- Maturity and sound temperament
- Social awareness
- Understanding and communication
- Sound judgement
- Commitment and reliability
What are the 3 types of Preliminary hearing?
- Early administrative hearing (mode of trial + plead before venue)
- Bail applications
- Remand hearings (second application of bail)
What are the role of magistrates? (7)
- 94% of criminal cases (6% preliminary)
- Deciding guilt
- Sentencing
- Preliminary hearings
- Youth court
- Appeals
- Administrative hearings
key facts of magistrates
- 17.5k in magistrates court
- bench of 2-3
- summary and triable either way offences
- 94% of criminal cases
- maximum sentencing of 6months for one offence and 12 months for 2
What are the role of juries? (8)
- in crown court where defendant has pleaded guilty
- 2% of all criminal trials
- 30,000 cases a year
- 12 jurors
- based on fact not law
- unanimous verdict 10:2
- don’t have to give reason
- judge can give direct aqquital if not enough evidence
Why would someone be disqualified for 10 years from jury service?
- served a prison sentence
* suspended sentence or community order
Why would someone be disqualified for life from jury duty?
- life imprisonment
- in prison for public protection
- a sentence over 5 years
- any extended sentence
What is the selection of juries?
- Selected at random from electoral register
- 15 chosen but 12 are randomly chosen by clerks panels
- chosen every 2 weeks
- summons sent out electronically
How many magistrates are there in UK?
17.5k
What is a direct Aquittal and why might a judge order one?
Where judge states the jury must decide not guilty as there is not enough evidence to convict
How many cases do jury’s try and what percentage is that?
30,000, 2% of cases
What type of cases do magistrates try?
Summary and some triable-either-way cases
What type of case do juries try and where and why
Indictable offences, in criminal court where a defendant has pleaded guilty
What is the maximum sentencing of a magistrate?
6 months for one crime and 12 months for 2
Where does a magistrate apply to become one
Either from an advertisement or directly to the LAC
What does LAC stand for and what do they do
LOCAL ADVISORY COMMITEE they select and interview potential magistrates to suggest to lord chancellor
Who fully appoints new magistrates?
Lord chancellor or senior presiding judge for England and Wales
How many interview stages are there and what are they
3: application
Interview and appointment
What happens in the interview stage of magistrates selection?
- Asses for 6 key qualities
* given 2 case studies to assess social awareness and aptitude
