describe qualification, selection & appointment of lay magestrates Flashcards
(12 cards)
how old must people upon appointment for the magistrates
for qualification upon appointment the magistrate must be aged between 18-74 & must retire from the bench at age 75
what is meant by the Local Justice Area
must live/ work in or reasonably close to the area they want to serve —> know as the local justice area —> so they have an insight into local patterns of crime
how long must they be prepared to sit at court for
must be prepared to sit for at least 26 half days per year
what are some disqualifications for being appointed as a magistrate
those unable to sit include people with serious criminal conviction; uncharged bankrupts, person who’s git a job
incompatible with role or relative of those with an incompatible job
what are the incompatible jobs
means those in the CJS such as police, lawyers and judges
others who aren’t eligible to be appointed are those whose hearing is impaired or infirm
how are the magistrates selected
selection begins with advertisements on Ministry of Justice Website, the newspapers or radio & completion of an application form —> applications are made to the Local Advisory Committee
what happens if your eligible for the magistrates
invited to first interview by local advisory committee —> LAC aim to select good cross section of society
what happens in the first interview for the magistrates
in the interview they see whether the candidate possess the 6 key qualities set out by Lord Chancellor in 1988:
good character, understanding & communication, social awareness, maturity & sound temperament, sound judgement, commitment & reliability
what happens if the candidate succeeds the first interview
then there’s a second interview, at which 2 case studies are given to the candidate in order to test ‘judicial aptitude
& look for possible conflict of interest”
when does the appointment begin
when LAC recommended suitable candidate to the Lord Chief Justice
what does the Lord Chief Justice do
designates the appointment to the senior presiding judge under the Crime & Courts Act 2003
what is the last stage for appointment of magistrates
a local court candidate will then be ‘Sworn in’ by swearing an oath of allegiance to the Queen & to the court to carry out there duties ‘Without fear of favour’
