magistrates lay people Flashcards
what qualifications must a magistrate have
5
-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
disqualifications
5
-criminal convictions
- police and prison officers
- armed forces
- those registered under the mental health act
- relatives of those in the CJS
what are the 6 key qualities they look for
good character
maturity and sound temperament
understanding and communication
social awareness
commitment and reliability
sound judgement
how are magistrates appointed
they are selected by the advisory committee LAC
what is LAC
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
what must they do before appointment
answer a series of questions and provide references and they will then sit a 2 stage interview
what happens when they are appointed
approved by LC the. sworn in by a senior judge and take the judicial oath at the local magistrates court
what happens in the first and second interview
1 looking to see if they have the 6 qualities
2 looks for judicial aptitude by discussing case studies
what cases do they hear %
96%
how are magistrates described
the workhorse of the criminal justice system
what can they sentence
6 months for first time offences 12 months more than one unlimited fine LASPO
if a m has specialist training they can sit where
youth court and family court