Lay people - lay magistrates Flashcards
(22 cards)
Define Lay Magistrate
these are unpaid, part-time judges who have no legal qualifications and hear cases in the Magistrates Court
What are the age ranges for Lay Magistrates?
18-65 on appointment but once appointed they can work till 70
Do Magistrates need qualifications?
No they do not need legal qualificatios
What “qualifications” do Magistrates need? (6 points)
Good character
Understanding and communication
Social awareness
Maturity and sound temperament
Sound judgement
Commitment and reliability
How do they decide which court a magistrate will work in?
Magistrates are allocated to work in local justice areas. They are expected to live near to the area
Who decides where the Magistrates work?
Lord Chancellor
How often are magistrates required to work?
Minimum is 26 half days a year
Who can’t be appointed as a magistrate?
1) People with severe criminal offences
2) people with undischarged bankrupts
3) members of the force and people who’s work is not compatible with sitting as a magistrate (police officers and traffic wardens)
1) relatives of those working in the local criminal justice system (wife of a police man)
2) deaf
3) people to sick to do the job
Who can appoint magistrates?
1) lord Chief Justice
2) senior presiding judge
What does the local advisory committee do?
They advise to the lord Chief Justice of who is fit to be a magistrate through interviews
How many members are on the local advisory committee?
12 about half non magistrates and half magistrates
This list of members must be published
How do they recruit magistrates?
Put advertisements in papers
Encouraged to go to local open evenings at the local court
They want a wide range of people from different backgrounds
What are the two stages of the interview process?
Stage 1 - looking to see if they have the six key qualities and explores the candidates attitudes on various criminal justice issues such as drink driving
Stage 2 - discussion of at least 2 cases that come up often in the court
What happens after the interview process?
The advisory committee will give the lord Chief Justice a list of names of candidates they think are suitable. He will then choose who will start their training
What is the composition of the magistrates bench?
53% are women
11% have ethnic backgrounds
4% have disabilities
What are the roles of magistrates?
1) hear all summary offences
2) hear triable either way offences where the defendant has chosen to be heard in the magistrates court
3) hear the preliminary hearing of all indictable and triable either way offences
4) decide if defendant is guilty or not guilty and when guilty sets sentence
5) can fine offenders, disqualify them from driving and order discharge
6) also do all preliminary work for cases heard in the magistrates court such as remand hearings and bail applications
What are the specialised magistrates and where do they work?
1) Youth court - specially trained to hear cases for children aged 10-17
2) Family court - specially trained to hear cases on family matters such as custody issues
3) Appeals - 2 magistrates sit in the crown court along side a qualified judge to hear appeals from the magistrates court
What training do the magistrates have?
1) initial introductory training - cover matters such as organisation of bench, administration of the court and the roles and responsibilities
2) core training - acquiring and developing key skills, knowledge and understanding required to do the job competently
3) activities - include observations of courts and visits to establishments such as prisons
Where can the training sessions be takes out?
1) locally by the justices’ clerk
2) nationally if it’s about youth panel and family court
What do the magistrates have to do after completing the core training and observation of cases?
They then sit as a winger with another winger with an experienced magistrate in the middle to hear cases
What’s an appraisal?
An interview to make sure that the magistrate can do its job competently. This usually happened after the magistrate has been hearing cases for 2 years. In those 2 years they are observed sometimes and also carry on their training
What happens if a magistrate shows that they are not competent?
They will be given extra training and if they still cannot show competency the matter will then be referred to the local advisory committee who may recommend to the lord Chief Justice that the magistrate is removed from sitting
