PUBLIC LAW L4 - Legal Professionals - THE ROLE OF MAYMEN: MAGISTRATES

Question 1

What are magistrates? (6)

Answer 1

Volunteers, receive expenses and not required to be legally qualified. Also known as lay magistrates or Justices of Peace. They sit in panels, known as benches, which are made up of three magistrates, a chair and two wingers, they all have an equal role in decision making.

Question 2

What are legal advisors ? (3)

Answer 2

Qualified lawyers who guide magistrates on the law so that magistrates can determine the facts. Also known as Justices Clerks.

Question 3

How do magistrates ensure consistency? (1)

Answer 3

By following decision-making guidelines and sentencing guidelines.

Question 4

What activities do legal advisors do? (7)

Answer 4

Manage court schedules.
Prepare for court session / make sure evidence is ready.
Advise magistrates on how the court works.
Read charges to the court.
Deal with legal aid applications.
Research legal issues / collect legal statistics.
Help run the courtroom.
Train staff / magistrates.

Question 5

What competencies must a magistrate have? (5)

Answer 5

Aware of social issues.
Mature / understand people / have a sense of fairness.
Reliable and committed to serve the community.
Can understand documents / follow evidence
Can think logically / weigh up arguments / reach a fair decision.

Question 6

Who appoints magistrates and on what terms? (3)

Answer 6

Appointed by the Lord Chancellor an approved by the Lord Chief Justice. Appointment of magistrates requires the right personal qualities and good character and diversity is encouraged.

Question 7

What are the advantages of magistrates? (3)

Answer 7

Less expensive.
Less time-consuming.
Less severe sentences

Question 8

What are the disadvantages of magistrates? (2)

Answer 8

They hear all the evidence even if successfully excluded.
They have a higher conviction rate.

Question 9

What are the advantages of the Crown Court? (2)

Answer 9

Higher acquittal rates.
‘Voir Dire’ - judges hear arguments to exclude evidence in absence of a jury.

Question 10

What are the disadvantages of the Crown Court? (3)

Answer 10

Higher powers of punishment.
Higher costs - defendant could be liable for defence and prosecution costs if convicted.
Slower processes.