magistrates- lay people

Question 1

meaning of lay

Answer 1

Ordinary, non-qualified/not legally trained people in law

Question 2

How many magistrates are there in a court

Answer 2

3

Question 3

Name the three magistrates

Answer 3

1 Chair magistrate
2 wingers

Question 4

What qualifies a person to become a magistrate

Answer 4

1) Must be between 18-74 to apply and must retire at 75
2) Must live or work near the area where they sit as a magistrate.
3) must be available to work unpaid for a minimum of 26 half days each year
4) must have the 6 key qualities

Question 5

What are the 6 key qualities for magistrates

Answer 5

1) good character
2) good understanding and communication
3) maturity and sound temperament
4) sound judgement
5) committed and reliable
6) social awareness

Question 6

How are people disqualified from becoming a magistrate

Answer 6

1) serious criminal convictions
2) Un-discharged bankrupts
3) Close relatives of current magistrates
4) someone who has a job that is incompatible with the role; armed forces, those who work in criminal justice system(police), also people with relatives that work in the local criminal justice system.

Question 7

What is the 1st stage of the magistrates ‘selection and appointment.

Answer 7

make an application to the Local Advisory Committee(LAC). They will submit this application online via the Government website

Question 8

What is the 2nd stage of the magistrates ‘selection and appointment.

Answer 8

The LAC will review all applications and aim too select magistates that represent a good cross-section of society.

Question 9

What is the 3rd stage of the magistrates ‘selection and appointment.

Answer 9

Candidates will take part in two interviews

Question 10

What is interview 1 about?

Answer 10

to assess the candidates-

general character
personal attributes
whether they possess the 6 key qualities

Question 11

What is interview 2 about

Answer 11

it will assess the candidates judicial qualities and abilities by looking at and taking part in case studies

Question 12

What is the 4th stage of the magistrates ‘selection and appointment.

Answer 12

After the interview process the LAC will recommend suitable candidates to the lord chancellor who will appoint them as a Magistrate.

Successful candidates will be sworn in as a Magistrate at a Local magistrate court

Question 13

What are the types of offences magistrates will hear

Answer 13

summary and triable either way

Question 14

what is the magistates role pre-trial

Answer 14

• Hear all the applications for bail (unconditional or conditional) or remand in custody
• Issue warrants
• Issue witness summons
• Extend time police can hold a suspect
• refer offences to crown court

Question 15

what is the Magistates role during trail

Answer 15

• Hear summary or triable either way cases
• Listen to evidence
• Take legal advice from the court clerk
• reach verdict

Question 16

What is the magistates role post trail

Answer 16

• sentence the defendant if found guilty
• can hear appeals against sentence or conviction in crown court( with qualified judge)

Question 17

Who can remove magistates from office?

Answer 17

Lord chancellor

Question 18

What does the Court Act 2003 state?

Answer 18

the act allowing the lord chancellor to remove magistrates from office

Question 19

When can a magistrate be removed from office?

Answer 19

• misbehaviour
• persistent failure to meet standards
• neglecting or declining to participate in the role

Question 20

Advantages of magistrates

Answer 20

• represent a cross section of society
• cheap
• few appeals

Question 21

Disadvantages of magistrates

Answer 21

• inconstant decisions
• not legally trained
• relying on court clerk
• unrepresented make up

Question 22

Explanation of advantage; represents a cross-section of society

Answer 22

It is balanced, different types of people, gender, race, ethnicity etc The ratio of men and woman are almost equal 52% being female. This means there will be a range of variety in any case and awareness of the local issues. It will also make the trial more fair

Question 23

Explanation of advantage; Cheap

Answer 23

Magistrates are unpaid workers which is cheaper then judges who are paid making the cost of a trial in the magistrates also much cheaper then in crown court. To replace magistrates with judges it would cost £million. This means magistrates are cost effective and saves a huge amount on taxes.

Question 24

Explanation of advantage; Few appeals

Answer 24

Defendants seem to agree with the verdict given. 5,000 -6,000 appeals each year imposed by magistrates, that is less then 1% of cases. This means that magistrates are doing a good job even without legal knowledge.

Question 25

Explanation of disadvantage; Unrepresentative make up

Answer 25

Most lay magistrate are middle aged and middle class. Only 4% are under age 40. This means that it is not very representative and magistrates can sometimes not be understanding to certain people or out of touch.

Question 26

Explanation of disadvantage; Inconsistent decisions

Answer 26

Magistrates in different areas often pass very different sentences for similar offences. For burglary of dwelling 20% are sentences to immediate custody in Teeside, compared to 41% in Birmingham. This means people are being wrongly or unfairly sentence or let off.

Question 27

Explanation of disadvantage; Relying on court clerk.

Answer 27

Law magistrates lack legal knowledge so are in the presence of a legally qualified clerk that is able to give advice. In R v Eccles justice ex parte Farelly, Ds conviction was quashed because the clerk helped the magistrate make a certain decision. This defeats the purpose of a magistrate.

Question 28

what is the maximum sentence they can give

Answer 28

unlimited fine and/or 6 months in prison for 1 offence and 12 months in prison for 2 offences.