magistrates Flashcards

1
Q

how many magistrates are appointed every year

A

1200

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2
Q

what are the six key qualities one needs to demonstrate to become a magistrate

A
  1. sound judgement
  2. social awareness
  3. understanding and communication
  4. commitment and reliability
  5. maturity and a sound temperament
  6. a good character
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3
Q

what are the five factors that will restrict appointment

A
any serious criminal convictions
conditions such as hearing impairments
MPs
police officers/ guards
undischarged bankrupts
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4
Q

what age category do you have to be within to be appointed as a magistrate

A

18-65

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5
Q

what is expected of magistrates in terms of their location

A

they are expected to live or work near or at their local justice area

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6
Q

how are magistrates paid

A

they are not paid for their service- only expenses are paid

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7
Q

how much does a magistrate work in a year

A

26 half days annually

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8
Q

who else will sit in a magistrates court

A

the district judge

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9
Q

who appoints magistrates and how do they do it

A

the senior presiding judge who makes decisions annually based on recommendations from the local advisory committees.

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10
Q

how many members are in a local advisory committee and who will this consist of

A

a maximum of twelve members, a mixture of magistrates and non magistrates

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11
Q

what is the intention of local advisory committees

A

to create a diverse panel that represents all aspects of society

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12
Q

how must you apply to become a magistrate

A

you must apply directly to your local advisory committee and only if they are recruiting

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13
Q

what process to aspiring magistrates have to undergo

A

an interview

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14
Q

what three things will be covered in the interview

A
  1. they will grasp an idea of the persons personal attribute, looking for the six key qualities
  2. ask their opinion on criminal offences ie dink driving
  3. discuss a scenario similar to one that might occur in a magistrates court, like sentencing
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15
Q

what percentage of magistrates are female

A

56%

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16
Q

what percentage of magistrates are BAME

17
Q

what percentage of magistrates are over 60

18
Q

what percentage of magistrates are under 30

19
Q

what percentage of criminal cases are heard by magistrates

20
Q

what offences do magistrates deal with

A

all summary offences, and triable either way offences when the defendant chose be trialed in the magistrates court

21
Q

what percentage of criminal cases are dealt with by magistrates

22
Q

what does the preliminary work of a magistrate involve

A

preliminary work involves early administrative hearings, bail applications, and remand hearings

23
Q

what are four aspects of a magistrates work

A

deal with justice funding, initial hearings of indictable offences, refer matters to the crown court for sentencing, authorise extensions to police custody periods

24
Q

what are three separate courts that magistrates work at

A

youth court, family court and appeals

25
what does the youth court involve in two points
1. specially trained magistrates | 1. young offenders aged 10-17
26
what act was the family court set up by
the crime and courts act 2013
27
what three things might the family court deal with
domestic violence, adoption cases, Children Act cases
28
how are appeals from the magistrates court dealt with
appeals are heard in the crown court but magistrates will sit to hear them
29
what is the role of a legal clerk
a legal clerk will sit with the magistrates to assist them, clerks are required to have worked as a solicitor or barrister for a minimum of five years
30
what are legal clerks not meant to do and what case demonstrated this
they are not meant to assist in the magistrates decision making process. r v eccles justice, a conviction was quashed because the clerk had assisted in the decision making process