Lay magistrates Flashcards
Role of a lay magistrate 8m
try 97% of all criminal cases, some civil matters
undertake early administrative hearings
Summary - start to finish, hear evidence/ legal argument, decide guilt, 6 months or 5K fine
Triable-either-way - plea before venue hearings
Indictable - early administrative hearing before transfer to crown court
not qualified lawyers
issue search and arrest warrants
allow extension to custody time
Youth court - specially nominated and trained, aged 10-17, panel has at least 1 man and woman, informal and private
2 can sit with judge in crown court to hear appeals
Training of a lay magistrate 8m
supervised by judicial studies board
initial introductory training, understand organisation, roles/responsibilities
core training, acquire/develop key skills
activities, observe court, visit prison
training based on competencies, make decisions, team work
Stages = initial introductory training, mentoring, core training, consolidation training, 1st appraisal
Qualifications and requirements of a lay magistrate 8m
Qualifications = good character, social awareness, sound temperament (set out in 1998 by Lord Chancellor) no legal qualification
Requirement = 18-65 when appointed, retire at 70, live or work within/near the local justice area they’re assigned to, must sit at least 26.5 days a year, must go to training sessions
Restrictions = serious criminal convictions, police officers, impaired hearing, relatives of someone who works for the local CJS
Interviews = 1st interview find out about attributes and attitudes, 2nd interview judicial aptitude (scenario)
Selection of Lay magistrates
1200 new magistrates appointed each year
Appointments made by the Senior presiding judge
Senior presiding judge relies on recommendations made by the local advisory committees
Local advisory committees - maximum of 12 members of magistrates and non-magistrates, encourage wide range of candidates to apply to increase representation
Fill in application form and name 2 references
1st interview - candidates’ personal attributes, 6 key required qualities, explore attitudes towards different issues (drink driving)
2nd interview - testing judicial aptitude, 2 case studies of things heard often in court
