Topic 3: Lay People 1) Magistrates

Question 1

What are the 4 requirements needed for Magistrates qualification?

Answer 1

• The 6 Key Qualities
• The Oath of Allegiance
• Criminal Convictions
• Age

Question 2

What are the 6 Key Qualities?

Answer 2

1. To be of good character
2. To have good understanding and communication
3. To have social awareness
4. To be of sound judgement
5. To be mature and of sound temperament
6. Commitment and reliability

Question 3

What is The Oath of Allegiance? Name 3 professions which are disqualified.

Answer 3

• Where you pledge allegiance to the Queen and swear to serve the publicly by taking an oath
• Police officers, Armed forces & Judges/MP’s

Question 4

What just Magistrates disclose is Requirement 3?

Answer 4

• Criminal convictions
• Civil orders
• Criminal convictions and civil orders of their spouses

Question 5

What age must Magistrates be?

Answer 5

18-65

Question 6

Who are disqualified from being a Magistrate?

Answer 6

• Serious/extensive criminal convictions
• Un-discharged bankrupts
• Members of the armed forces
• Those who already work in the criminal justice system
• Relatives of those working in the local criminal justice system
• Close relatives of current Magistrates

Question 7

State the selection process of a Magistrate.

Answer 7

1. LAC place an advert
2. Applicant downloads a DVD
3. Complete & submit the application form
4. Run background checks
5. Called to an interview - assess attitudes & focus on key qualities
6. Second interview - involves a case study, tests decision making
7. LAC looks for qualities
8. The LAC puts forward candidates to the Lord Chancellor who will appoint the Magistrate

Question 8

What is the role of a Magistrate in criminal cases?

Answer 8

• Try 97% of cases
• Try summary and minor either-way offences
• Issue fines and issue sentences up to 6 months
• Hold Early Administrative Hearing for all cases
• Mode of Trial hearings for more serious cases
• Sit with a judge in Crown Court
• Hear appeals from Magistrates Court for conviction and sentence appeals
• Specially trained Magistrates sit in Youth Courts (10-17)
• Issue search & arrest warrants

Question 9

What is a clerk?

Answer 9

Every bench is assisted by one and they are a legal advisor who sit in court and give definitions to the Magistrate.

Question 10

State the advantages of Magistrates.

Answer 10

• Save the Government money
• Magistrates have good local knowledge
• Magistrates sit on a bench of 3
• Magistrates represent a better cross-section of society that professional judges

Question 11

What are the disadvantages of Magistrates?

Answer 11

• Magistrates do not represent the public
• Magistrates rely too much on the legal clerk
• Magistrates can be biased towards the police
• Magistrates decisions are inconsistent