(RED) Criminal Courts: Magistrates Flashcards
What does lay people mean?
People who are not legally trained.
What qualifies someone to be a magistrate?
- 18-65 years old when appointed
- Live in or near the area local to the justice are where they serve as a magistrate
- Commit to sitting at least 26 half days or 13 full days a year.
Who can’t serve as a magistrate?
- People with a criminal record
- Blind or deaf people
- Someone who is bankrupt
- A serving solider
- Law enforcement officers
What are the 6 qualities sought in a prospective magistrate?
-Sound judgement
-Commitment and reliability
-Understanding and communication
-Maturity and sound temprament
-Good character
-Social awareness
Why is sound judgement important for a magistrate?
They must be able to make good decisions so the defendant gets a fair verdict and sentence if necessary.
Why is commitment and reliability important for a magistrate?
They need to turn up when it is expected of them so trials can go ahead as anticipated.
Why is understanding and communication important for a magistrate?
They have to be able to understand the evidence and witnesses and be able to communicate with witnesses, the court clerk and fellow magistrates.
Why is maturity and sound temprament important for a magistrate?
They can’t lose their temper quickly as defendants can sometimes be quite rude to court members, but magistrates shouln’t react in the same way.
Why is good character important for a magistrate?
They have to be an upstanding member of society with no previous convictions so they are a reliable and fair magistrate.
Why is social awareness important for a magistrate?
They need to have an understanding of local issues so they can apply any relevant knowledge to the case.
How do prospective magistrates apply?
They can apply via directgov website or by post in response to a job advert.
Who creates the shortlist and checks references?
The Local Advisory Committee then creates the shortlist and checks references.
What happens at the interview stage?
The interview panel consists of 2 magistrates and one other person. There are 2 interviews: one which examines character and the other which includes trial and sentencing exercises.
What happens after the interviews?
Candidates are reviewed by the LAC to ensure a balanced bench (e.g. age, gender, occupation- there are 11 job categories and there can be a max of 15% in each category). The committee submits its recommendations to the Lord Chief of Justice.
What happens after the interviews and recommendations are complete?
The Lord Chief Justice makes the appointment on behalf of the Queen. Magistrates have to swear a judicial oath and Page v Lord Chancellors dept shows the importance of the oath.
