Magistrates + Magistrates Court Flashcards
Summary Of Offences
Least serious offences
- Driving offences, minor assault etc
Offences Triable Either Way
Middle range crimes
- in magistrates/crown
- theft, ABH
Indictable Offences
Most serious crimes
- only at crown court
murder, manslaughter, robbery + rape
Magistrates Court Facts
1: 97% of all criminal trials
£5000 fine/6 months imprisonment
2: Initial hearing in Magistrates’ Court
3: Issue warrants (arrest/searching)
4: Youth court proceedings (aged 10-17)
5: Civil jurisdiction: enforcing debts
District Judges
Qualified + paid
Sit alone, same powers as lay magistrates
Must be barrister/solicitor for 7 years
Lay Magistrates
Not legally qualified, unpaid except expenses
Work in local justice area
Power: send to another court, directions for timetables, attendance of parties
Qualifications and appointment of Magistrates
Between 17-75 years old
Work in local justice area
1998 Lord Chancellor, 6 key qualities
1998 Lord Chancellor: 6 Key Qualities
- Good character
- Understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound judgement
- Commitment and reliability
Selection and Appointment
Justices of Peace Act 1997
- 700 lay magistrates appointed each year
- Relies on recommendations
- Anyone can apply
- Adverts used to encourage
Interview Process
First Interview - 6 key qualities, discuss issues eg: youth crime
Second Interview - Test candidates, judicial attitude using case studies