U1A: Magistrates Flashcards
What are the two types of Magistrates?
-Stipendary Magistrates ( legally qualified)
-Lay people/magistrates
What are ‘Lay People’/ ‘Lay’ Magistrates?
-Unqualified magistrates
-Justice of the Peace
How many Lay Magistrates sit on a panel, and how long can they sentence up to?
-A maximum of three Lay Magistrates can sit on a panel
-Can sentence up to 6 months for a single offence
What is the abbreviation for the qualifications of Lay Magistrates?
- GC
- U+C
- SA
- M + ST
- SJ
- C+R
What do these abbreviations mean?
- Good character
- Understanding and communication
3 .Social awareness - Maturity and sound temperament
- Sound judgment
- Commitment and reliability
What’s the age range for Lay Magistrates?
- 18-65 years
What are the 5 conditions that are not allowed in becoming a Lay Magistrate?
- Those with serious criminal convictions
- Undischarged bankrupts
- Members of the forces
- Police officers, traffic wardens, close relatives of individuals in these professions
5.Those who have an infirmity which prevents them from carrying out the role
What are the Commitments Lay Magistrates have?
-Country is divided into local justice areas
-Magistrates= expected to live/ work in or near to the local justice area to which they are allocated
-Must commit to sitting at least 26 half days per year (13 days)
-Only paid expenses
How are Lay Magistrates selected?
-Anyone can apply
-2 Stage interview process
INTERVIEW 1:
-Aimed at discovering candidate attributes
-Find out attitudes on criminal justice issues eg: drink driving
INTERVIEW 2:
-Tests candidate’s potential judicious aptitude
-Discussion of at least two case studies
How many new Magistrates are appointed each year and by who?
-700
-Appointments made by the Lord Chief of Justice
What are Local Advisory Committees?
-Members= tend to be current or former lay-magistrates
-Maximum of 12 members- including a mixture of magistrate + non-magistrates
What is the role of Magistrates in Magistrate courts?
MAGISTRATE:
Try 97% of criminal cases
-Preliminary hearings
-Decide upon verdict
-Sentence
What is the role of Magistrates in Crown courts?
CROWN:
-Sit in Crown Court to hear appeals from the Magistrates Court alongside judges
What is the role of Magistrates in Youth Courts?
YOUTH:
-Youth court: specially trained magistrates sit in the youth court to hear charges against 10-17 year olds
-Working in youth court= must be 65+, panel= 1 man, 1 women
