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Flashcards in Magistrates Deck (26):
1

What is the age range for being a magistrate

18-70

2

What age range between the standard are picked

Between 21 and 65

3

4 reasons someone would not be eligible for a magistrate

Serious criminal convictions(not motor)
Undischarged bankruptcy
Police officers and traffic wardens
Relatives in the local justice system

4

Rhyme for personal judge qualities

PUSMSC

5

Personal qualities looked for in a magistrate

Personal character
Understanding and communication
Social awareness
Maturity
Sound judgement
Commitment and reliability

6

Judicial qualities rhyme

Araw

7

What are the 4 judicial qualities

Assimilate factual information
Make reasoned decisions
Take into account reasoning of others
Work as a tea,

8

Who makes the shortlist for magistrates

The local advisory committee

9

What is the local advisory committee made up of

Magistrates and non magistrates

10

Appointment process for magistrates

Candidate puts in cv
Advisory committee make a short list of candidates
Candidates interviewed
Submitted to the Lord Chief Justice
Lord Chief Justice appoints magistrates

11

When is a magistrate removed

If the Lord justice feels the magistrate is incapable
The magistrate misbehaves

12

What are the 4 area of competence

Managing yourself-preparation, conduct in court
Teamwork-make decisions as a team
Judicial decision- impartial and structured decision making
Managing judicial- working with the court Clark

13

How does the training go

Appointment
Core training
First sitting
Mentored sitting
9-12 months consolidation training
12-18 months appraisal
Magistrates adjudicate in court as wingers
Continuation training and appraisal every 3 years

14

How much of criminal cases do magistrates try

98%

15

3 duties of a magistrate

Criminal work
Criminal procedure
Civil work

16

Outline magistrates criminal work

Try 98% of cases
Summary and less serious either way offences
Maximum sentence- £5000 fine or 6 months prison

17

Outline criminal procedure

Remaining 3% of criminal is preliminary hearings and pre trail review

Legal aid,
representation,
bail,
pre sentence reports
Transfer proceeding
Warrant

18

Outline civil work

Mostly specialised work in family courts

Non police prosecutions like to licenses, unpaid council tax, custody and adoption

19

5 advantages to magistrates

Cost
Local knowledge
More available than judges
Cross section of society
Public confidence

20

How many judges would we need to replace magistrates

An extra 1000

21

Local knowledge case and details

Paul v dpp = kerb crawler
Magistrate knew the area so knew that he was a problem

22

5 disadvantages to magistrates

Socially unrepresentative
Case hardened
Biased
Legal advisor reliance
Inconsistency between benches

23

Why are magistrates socially unrepresentative plus stats

50% are over 60, are while and middle class

Most defendants are under 25

24

Case for biasses and what happened

Jowitt- conflicting statements between police and d. Judge was biased towards the police

25

Conviction rate of cases

90%

26

A example of bench inconsistency

23% custodial sentences in Bristol
8% in Somerset