Selection/Appointment of Magistrates [Magistrates] Flashcards
Adverts [Paragraph 1]
Once a vacancy for a magistrate becomes available, the Local Advisory Committee will place adverts in shop windows, buses, newspapers and on radio stations to let a wide, diverse range of people know that a vacancy has arisen.
Formal Eligibility [Paragraph 2]
It is then up to the people to check their own eligibility once they have seen the advert, which will detail the formal requirements. They include that a magistrate must be aged 18-65, available to sit 26 half days a year and live/work in the Local Justice Area of the vacancy.
Lord Chancellor’s 6 Key Qualities [Paragraph 2]
A magistrate should also have judicial qualities and hold the Lord Chancellor’s 6 key qualities: good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement and reliability.
Disqualification [Paragraph 3]
A candidate will be disqualified if they have serious criminal convictions, an undischarged bankruptcy or those who have occupations which are incompatible such as police officers, traffic wardens or candidates for election.
Applications [Paragraph 4]
An application form can be found online at the Ministry of Justice website and can be returned to the LAC either by post or online. Appointment can take 6-12 months form this point. Once the LAC have reviewed all application forms, they will ask for, and check, 3 references from applicants.
Interviews [Paragraph 5]
There are 2 interviews that take place. The first is to check the candidate has the 6 key qualities and will be asked for their opinions surrounding criminal justice. The second is to assess whether they have judicial skills. The candidate will be required to review 2 case studies and discuss the case in questions like the sentencing. At this point, background checks will be done to check for any conflicts of interest.
Recommendations [Paragraph 6]
Once interviews are over, the LAC will look at everything and make their recommendations as to who should be appointed to the Lord Chief Justice. The Lord Chief Justice will take in to account the composition of the bench and the number of vacancies as there is a need for a balanced bench which reflects the community.
Letters [Paragraph 7]
After the Lord Chief Justice has made their decisions, letters will be sent out to those appointed letting them know that they have been successful and that training may now begin.
