magistrates- lay people- ELS (1) Flashcards
meaning of lay
Ordinary, non-qualified/not legally trained people in law
How many magistrates are there in a court
3
Name the three magistrates
1 Chair magistrate
2 wingers
What qualifies a person to become a magistrate
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
What are the 6 key qualities for magistrates
1) good character
2) good understanding and communication
3) maturity and sound temperament
4) sound judgement
5) committed and reliable
6) social awareness
How are people disqualified from becoming a magistrate
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.
What is the 1st stage of the magistrates ‘selection and appointment.
make an application to the Local Advisory Committee(LAC). They will submit this application online via the Government website
What is the 2nd stage of the magistrates ‘selection and appointment.
The LAC will review all applications and aim too select magistates that represent a good cross-section of society.
What is the 3rd stage of the magistrates ‘selection and appointment.
Candidates will take part in two interviews
What is interview 1 about?
to assess the candidates-
general character
personal attributes
whether they possess the 6 key qualities
What is interview 2 about
it will assess the candidates judicial qualities and abilities by looking at and taking part in case studies
What is the 4th stage of the magistrates ‘selection and appointment.
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
What are the types of offences magistrates will hear
summary and triable either way
what is the magistates role pre-trial
- 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
what is the Magistates role during trail
- Hear summary or triable either way cases
- Listen to evidence
- Take legal advice from the court clerk
- reach verdict
What is the magistates role post trail
- sentence the defendant if found guilty
- can hear appeals against sentence or conviction in crown court( with qualified judge)
Who can remove magistates from office?
Lord chancellor
What does the Court Act 2003 state?
the act allowing the lord chancellor to remove magistrates from office
When can a magistrate be removed from office?
- misbehaviour
- persistent failure to meet standards
- neglecting or declining to participate in the role
Advantages of magistrates
- represent a cross section of society
- cheap
- few appeals
Disadvantages of magistrates
- inconstant decisions
- not legally trained
- relying on court clerk
- unrepresented make up
Explanation of advantage; represents a cross-section of society
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
Explanation of advantage; Cheap
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.
Explanation of advantage; Few appeals
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.
Explanation of disadvantage; Unrepresentative make up
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.
Explanation of disadvantage; Inconsistent decisions
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.
Explanation of disadvantage; Relying on court clerk.
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.
what is the maximum sentence they can give
unlimited fine and/or 6 months in prison for 1 offence and 12 months in prison for 2 offences.
