Retirement and removal&The clerk

Question 1

What is the retirement age for a magistrate?

Answer 1

70

Question 2

How do magistrates not officially retire at 70?

Answer 2

they are placed on the Supplemental List

Question 3

What does it mean when a magistrate is placed on the Supplemental List?

Answer 3

This means that they can no longer sit in the Magistrates’ Court but can continue to carry out some administrative functions mainly connected with signing documents

Question 4

How can magistrates continue if they move from the commission area to which they were appointed ?

Answer 4

their names will be placed on the Supplemental List until there is a vacancy in their new area

Question 5

When can lay magistrates resign from office?

Answer 5

at any time

Question 6

What power gives the Lord Chancellor the power to remove a lay justice?

Answer 6

s11 of the Courts Act 2003

Question 7

What are the 3 following reasons that the Lord Chancellor has the power to remove a lay justice under s11 of the Courts Act 2003 ?

Answer 7

• grounds of incapacity or misbehaviour
• grounds of a persistent failure to meet standards of competence
• if Lord Chancellor is satisfied that the lay justice is declining or neglecting to take a proper part in the exercise of their functions as a justice of the peace

Question 8

When does removal for misbehaviour usually occur?

Answer 8

when the magistrate is convicted of a criminal offence

Question 9

approximately how many removals are there on the grounds of misbehaviour each year?

Answer 9

ten

Question 10

In the past why have magistrates been removed which was critiqued ? (2)

Answer 10

• taking part in CND march

- transvestite behaviour

Question 11

How many magistrates clerks will there be per area?

Answer 11

one

Question 12

As well as a magistrate clerk who will also sit with each bench in court?

Answer 12

a legal advisor

Question 13

How many years does the senior clerk have to have had as a barrister or solicitor?

Answer 13

5 years

Question 14

What is the Clerks duty?

Answer 14

to guide the magistrates on questions of law, practice and procedure

Question 15

Where is the Clerks duty set out?

Answer 15

s28(3) of the Justices of the Peace Act 1979

Question 16

What does s.28(3) of the Justice of the Peace Act 1979 say about the duty of the Clerk?

Answer 16

that their duty is to guide the magistrates on questions of law, practise and procedure

Question 17

What is the clerk or legal adviser not supposed to do?

Answer 17

they are not supposed to assist in the decision making or retire with the magistrate when they go to make their decision

Question 18

In what case had the Queen’s Bench Divisional Court quashed convictions because the clerk had apparently participated in the decision making process?

Answer 18

R v Eccles Justices ex parte Farrelly 1992

Question 19

What was the case Re Eccles Justices ex part Farrelly 1992 regarding?

Answer 19

the Queen’s Bench Divisional Court quashed convictions because the clerk had apparently participated in the decisions making process

Question 20

What 5 powers do the Clerks have?

Answer 20

• deal with administrative matters
• issue warrants for arrest
• extend police bail
• adjourn criminal proceedings
• Early Administrative Hearings