magistrates lay people Flashcards

1
Q

what qualifications must a magistrate have
5

A

-18-74 on appointment retire by 75
-good health
- commit to 26 half days a year and do training on evenings
- work or live within travelling distance
- don’t need legal qualifications but have key qualities

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2
Q

disqualifications
5

A

-criminal convictions
- police and prison officers
- armed forces
- those registered under the mental health act
- relatives of those in the CJS

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3
Q

what are the 6 key qualities they look for

A

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

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4
Q

how are magistrates appointed

A

they are selected by the advisory committee LAC

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5
Q

what is LAC

A

made up of 12 serving magistrates and people outside the legal system they make recommendations to the LC

try to ensure there’s a balanced bench in terms of gender ethnicity occupation and background

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6
Q

what must they do before appointment

A

answer a series of questions and provide references and they will then sit a 2 stage interview

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7
Q

what happens when they are appointed

A

approved by LC the. sworn in by a senior judge and take the judicial oath at the local magistrates court

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8
Q

what happens in the first and second interview

A

1 looking to see if they have the 6 qualities
2 looks for judicial aptitude by discussing case studies

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9
Q

what cases do they hear %

A

96%

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10
Q

how are magistrates described

A

the workhorse of the criminal justice system

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11
Q

what can they sentence

A

6 months for first time offences 12 months more than one unlimited fine LASPO

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12
Q

if a m has specialist training they can sit where

A

youth court and family court

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