CRIMINAL COURTS AND LAY PEOPLE - Magistrates 8 Markers PAPER 1

Question 1

Explain/describe how magistrates are qualified

Answer 1

.Describe lay people - legally unqualified people
. Say what qualifies a person to be a magistrate (3)
. Name the 6 qualities sought in a prospective magistrate
State who can’t be a magistrate

Question 2

Qualifications 8 marker - what qualifies people to become a magistrate

Answer 2

. Ages 18-74
. Live or work in local justice area
. 26 half - days per year

Question 3

Qualification 8 marker - 6 qualities sought in a prospective magistrate

Answer 3

. Make fair , impartial and transparent decisions
. Understand and appreciate different perspectives
. Communicate with sensitivity and respect
. Show self awareness and be an open learner
. Work and engage with others professionally
. Have good character

Question 4

Qualification 8 marker - who cannot serve as a magistrate

Answer 4

. Serious criminal convictions
. Bankrupt
. Incompatible job
. Deaf or other infirmity

Question 5

Explain/describe how magistrates are selected/ appointed

Answer 5

7 stages
Apply
LAC shortlist creation
Interviews arranged
Two interviews
Candidates reviewed by LAC
Submits recommendations
Makes appointment

Question 6

Selection 8 marker- stage 1 and 2

Answer 6

1. Apply via directgov website or by post
2. Local advisory committee (LAC) creates a shortlist and checks references

Question 7

Selection 8 marker- stage 3 and 4

Answer 7

3. Interviews are arranged. Interview panels consists of 2 magistrate and one other
4. Two interviews - 6 key attributes and your 2 court visits, decision making and mock sentencing exercises

Question 8

Selection 8 marker - stage 5 and 6

Answer 8

5. Candidates reviewed by LAC to ensure a balanced bench eg age,gender and ethnicity and job occupation
6. Committee submit its recommendations to the office of the lord Chief Justice

Question 9

Selection 8 marker - stage 7

Answer 9

The senior judge on behalf of the LCJ and crown makes the appointment

Question 10

Explain work of lay mags in criminal cases

Answer 10

Summary and triable - don’t go to crown, 3 lay ,mags will listen to evidence then make a verdict. 6 months for summary , 12 for triable. Can send to crown for harsher punishment. 10-17 special trained mag in youth court would hear. D can Appel to crown if he disagrees with verdict. Mags are responsible for granting bail or remand. Outside of court mags van jssue warrant for police to search someone’s property. Can extend polic custody time for 96 hours