magistrates flashcards

Question 1

what do you need to have to be a magistrate?

Answer 1

-be 18-74 years old
-live in or near the area where they serve
-6 personal qualities

Question 2

what are the 6 personal qualities that magistrates need to have?

Answer 2

-good character
-understanding and communication
-social awareness
-maturity and sound temperament
-sound judgement
-commitment and reliability

Question 3

who may be excluded from being a magistrate?

Answer 3

-legal personnel
-criminals
-police
-army

Question 4

what are the 7 steps to becoming a magistrate?

Answer 4

-apply via website or post
-local advisory committee creates a shortlist and checks references
-interviews are arranged
-2 interviews happen; examine character, includes practice scenarios
-reviewed by committee to ensure a balanced bench
-committee submit recommendations to lord chief justice
-lord chief justice makes decisions

Question 5

what are 5 things that magistrates do pre-trial?

Answer 5

-applications for bail or remand
-issue warrants
-issue summons
-extend time police can hold a suspect
-refer indictable offences to crown court for trial

Question 6

what are 5 things magistrates do during trial?

Answer 6

-hear summary and triable either way cases
-listen to evidence
-take legal advice from court clerk
-reach verdict (without aid of court clerk)
-hear cases in the youth court

Question 7

what are 3 things magistrates do post trial?

Answer 7

-sentence the defendant if found guilty
-transfer case to crown court for judge to sentence D
-can hear appeals against sentence or conviction in the crown court with a qualified judge