Qualifications of Lay Magistrates Flashcards
How many lay magistrates are there sitting as part-time judges in the Magistrates Courts ?
c25,000
What is another name for Magistrates?
Justices of the Peace
How many magistrates are there on a bench?
2-3
What powers does a single lay magistrate have? (3)
- issue search warrants
- warrants for arrest
- conduct Early Administrative Hearings
Who are District Judges who also work in Magistrates Courts?
They are not lay people but are qualified lawyers
What powers do District Judges have? (2)
- The same powers as a bench of lay magistrates
- Can sit on their own to hear any of the cases that come before the court
What qualifications much a lay magistrate have?
They do not have to have any qualifications in law
What are the 6 key qualities which candidates to be a magistrate must have?
- Good character
- understanding and communication
- social awareness
- maturity and sound temperament
- sound judgement
- commitment and reliability
What is it important lay magistrates are able to do as a part of certain ‘judicial qualities’?
That they are able to assimilate factual information and make a reasoned decision upon it
What is the age requirement for a lay magistrate?
18-65
When was the age of appointment reduced to 18?
2003
What has been a result of the age of appointment for lay magistrates being reduced to 18 before 2003?
there has been a small number of much younger magistrates appointed
In 2004 how old were 2 of the youngest magistrates?
21 and 23
In 2004 when there were 2 young magistrates appointed at the ages of 21 and 23 where were they from?
21- In Shropshire
23-West Yorkshire
When was the youngest magistrates appointed in Pontefract?
2006
How old was the youngest magistrate appointed in Pontefract in 2006?
19
What percentage of magistrates are under the age of 40?
4%
How is the country divided?
into local justice areas
How are magistrates appointed to an area?
they are expected to love or work within or near to the local justice area
How many days a year do the lay magistrates sit?
26 half days
Who are not allowed to apply to be a magistrate? (6)
- undischarged bankrupts
- members of the forces
- police officers
- traffic wardens
- People with serious criminal convictions
- those with impaired hearing
What people with a conviction can still apply to be a magistrate without being automatically disqualified?
Some convicted of a minor motoring offence
Why are relatives of those working in the local criminal justice system not likely to be appointed?
as it would appear not ‘just’ if for example the wife of a local police officer were to decide cases
What was the previous name of District Judges?
previously known as stipendiary magistrates
