MAGISTRATES

Question 1

What are the 3 formal requirements to become a magistrates

Answer 1

Be aged between 18 and 65 on appointment
Live or work near the local justice area they are allocated too
Be prepared to commit to sitting at least 26 half days per year

Question 2

Disqualifications

Answer 2

Those with serious previous convictions or a number of minor offences
Undischarged bankrupts
Serving police officers
Traffic wardens
Full time members of the Armed Forces

Question 3

What qualities just you have to be a magistrate

Answer 3

Maturity and sound temperament
Commitment and reliability 
Good character 
Understanding and communication 
Social awareness
Sound judgement

Question 4

How many interviews do they have to take part in during selection and appointment

Answer 4

2

Question 5

How do they apply

Answer 5

Directly for the position of lay magistrate or apply from advertisements in the press for the position

Question 6

Where is the application given

Answer 6

To the Local Advisory Committee (LAC)

Question 7

What does interview one consist of

Answer 7

The LAC will check the candidate had the eligibility requirements and 6 key qualities. There will be general questions asked to assess their attitude to criminal justice

Question 8

What does interview two consist of

Answer 8

It’s practical based
Involves testing their potential judicial aptitude. They’ll be given scenarios and asked to rank them in order of severity and will be given a more in depth case study on sentencing practice

Question 9

What happens if they successfully complete both interviews

Answer 9

The LAC will submit names to the lord Chief Justice for approval before being submitted to make an appointment. The new magistrates are sworn in at an official ceremony giving AM oath of allegiance to the queen

Question 10

Who’s the training supervised by

Answer 10

Judicial college

Question 11

The magistrates training initiative provides a competence framework divided into what 4 areas

Answer 11

Managing yourself
Working as a team member
Making judicial decisions
Managing judicial decisions

Question 12

In the first year of training what must magistrates complete

Answer 12

Initial training
Mentoring
Core training
Consolidation training 
First appraisal

Question 13

Initial training

Answer 13

Before sitting in court the magistrate is given introductory training on the basics of the role. They can then sit in court with experienced magistrates

Question 14

Mentoring

Answer 14

Six formal mentored sittings in the first 12-18 month

Question 15

Core training

Answer 15

Where the new magistrate must visit penal institutions and/or undertake court observations

Question 16

Consolidation training

Answer 16

This is at the end of the first year to build on the learning and to prepare them for their first appraisal

Question 17

First appraisal

Answer 17

This takes place about 12-18 month after appointment and the mentor and magistrate agree they are ready and successfully deemed fully competent
Extra training is available if needed

Question 18

What age do magistrates retire

Answer 18

70

Question 19

What happens when they retire

Answer 19

Their names are added to the supplementary list which means they can no longer sit in the court but they can continue with some administrative duties

Question 20

Under section 11 of the courts act 2003 what does Lord chancellor have he power to do

Answer 20

Remove a lay magistrates for incapacity, persistent failure to meet competency standards or if they are deemed to be neglecting their duties. A magistrate can also be removed for misbehaviour

Question 21

Magistrates work/role criminal jurisdiction-

What percentage of criminal cases to magistrates court try

Answer 21

97%

Question 22

Magistrates work/role criminal jurisdiction-

What do specially trained panels of magistrates do

Answer 22

Deal with young offenders aged 10-17 in youth courts

Question 23

Magistrates work/role criminal jurisdiction-

What do they deal with

Answer 23

All summary matters- finding defendants guilty or not guilty and sentencing
They deal with arrest and search warrants and extensions to detention times
In triable either way offences they’ll undertake the plea before venue or mode of trial

Question 24

Magistrates work/role criminal jurisdiction-

Who do they sit with

Answer 24

Judge in the crown court to hear appeals from the magistrate court

Question 25

Magistrates work/role civil jurisdiction-

What do specially trained panels of magistrates do

Answer 25

Sit in the family court to hear cases including orders for protection against violence, adoption orders and proceedings under the children act

Question 26

Magistrates work/role criminal jurisdiction-

What do they deal with

Answer 26

Non-payment of council tax and TV licences
Appeals against the refusal of the local authority to grant a licence for the sale of alcohol and licences for betting and gaming establishments
Enforce debts owed to the utilities e.g. Gas, water, electricity