Magistrates Flashcards
(20 cards)
1
Q
lay magistrates
A
- bench of three
- not qualified in law
- part time
2
Q
district judge
A
- works alone
- qualified in law
- full time
3
Q
maximum sentences
A
- 6 months imprisonment
- £5000 fine
4
Q
appointment
A
- by lord chancellor
- takes advice from local advisory comitee
5
Q
qualifications
A
- 18-65
- live or work in local area
- be nominated by a local group
- six key qualities
6
Q
six key qualities MCGUSS
A
M- maturity and sound temperament C- commitment and reliability G- good personal character U- understanding and communication S- social awareness S- sound judgement
7
Q
who cant be a magistrate?
A
- MP’s
- armed forces
- convicted criminals
8
Q
retirement
A
- retire at 70
- entered onto supplemental list
9
Q
interviews
A
- assess attitudes and personality
2. assesses practical skills with sentencing exercises
10
Q
magistracy is representative
A
- gender balanced almost 50%
- involves members of the local community
- 7.7% are from an ethnic background
11
Q
magistracy is NOT representative
A
- mostly professional people who have early retirement
- only 40% are in full time employment
- only 4% are under 40
- 50% are between 60 and 70
12
Q
training
A
- delivered by justice clerks
- reading and distance learning e.g. personal development log
13
Q
new training initiative
A
- renewed in 2004
- courts act 2003 says that sec of state justice must provide training
14
Q
4 basic competencies
A
- managing yourself
- working as a member of a team
- making judicial decisions
- managing judicial decision making
15
Q
introductory training
A
- administration of the court
- understanding organisation of the bench
16
Q
core training
A
- developing key skills and knowledge needed
17
Q
training activities
A
- observations in court
- visits to prisons
18
Q
after training
A
- given a mentor and accompanied in court at least 8-11 times
- attend a further 7 training sessions
- keep a development log of their progress
- after one year their performance will be appraised to check for all the competencies
19
Q
advantages of magistrates
A
- not paid so cheap for government
- no qualifications needed
- deals with 97% of cases so easy and cheap
- serve justice in their own area
- volunteered so determined and committed people apply
20
Q
disadvantages of magistrates
A
- not qualified in law
- only one qualified lawyer in the court room
- majority are conservative
- slow process due to stopping to ask the clerk for advice
- in consistency in sentencing
