Magistrates - paper 1 Flashcards
1
Q
define lay people
A
legally unqualified
2
Q
What qualifies someone to be a mag
A
-18-74 yrs old
-live or work in the local area
-26 half days per year
3
Q
example qualities sought in a possible mag
A
- fair, impartial, transparent decisions
- understand, appreciate different perspectives
- communicate with sensitivity and respect
- show self awareness, be open to learning
- work and engage professionally
- good character
4
Q
who cannot serve as mags
A
- bankrupt
- serious criminal convictions
- incompatible job
- Deaf or other infirmity
5
Q
How do you become a magistrate
A
- apply online
- LAC checks references
- interview process consisting of 6 key attributes, 2 court visits and decision making/mock trial exercises
- LAC ensure a balanced bench
- recommendations submitted to lord chief of justice
- senior judge on behalf of lord chief of justice makes decisions
6
Q
What offences can mags hear
A
- Summary
- Triable either way
7
Q
What offences can mags not hear
A
- Indictable
8
Q
Roles of mags
A
- Hear applications for bail
- Provide police with extensions
- Issue a warrant or a summon
- Try suspects between 10-17
- Decide verdict and sentence
- Hear appeals (with judge)
9
Q
Whats the maximum sentence a mag can give
A
6 months