Magistrates Flashcards
What punishments can magistrates impose? (2)
- Prison sentence up to 6 months (they refer to the Crown Court if a longer sentence is required)
- Unlimited fine in certain cases
What are the diversity statistics on magistrates? Think sex, age, ethnicity
- 53% female - 47% male
- 1% under 30 - 80% over 50
- 89% white - 11% POC
What is a Justice’s Clerk? What qualifications do they need? What do they do? What are they not allowed to do? (4)
- A legal advisor who assists every bench of magistrates
- Must be qualified as solicitor or barrister for at least 5 years
- They are to advise the magistrates on issues of law and procedure
- The clerk is not permitted to assist the magistrates in their decision making
What are Lay Magistrates? Where do they sit? Do they get paid? What’s the minimum they have to do? (4)
- Volunteers who are not legally qualified
- Sit in benches of 3 in the magistrates court and make up 80% of the judicial community
- No salary - but expenses
- Minimum of 26 half day sittings per year
Who is responsible for appointing Magistrates? Since when? Who appointed them before?
- Lord Chief Justice
- Since 2013 - before they were appointed by the Lord Chancellor
What’s the interview process for becoming a Magistrate? What happens in each step?
- At least two interviews before the Advisory Committee
- Interview 1 - assesses whether the candidate has the 6 key qualities, as well as their attitude to various aspects of criminal justice
- Interview 2 - tests a candidate’s judicial aptitude
What are the 5 stages of training to become a Magistrate?
1) Initial training
2) Mentoring (and personal development log)
3) Core training (and workbook)
4) Consolidation training
5) First appraisal
s11 of the Courts Act 2003 provides that the Lord Chief Justice can remove a lay magistrate from office for what? (3)
- On the grounds of incapacity or misbehaviour
- On the grounds of persistent failure to meet standards of competence
- If the lay justice is declining or neglecting to take a proper part
What criminal cases do magistrates usually try? (6)
- Lesser serious assault
- Criminal damage
- Drink driving
- Football offences
- Traffic cases (no insurance, defective tyres etc)
- Environmental cases (pollution, health and safety, cruelty to animals)
What percentage of all criminal cases do magistrates hear?
- 95%
What do magistrates have to decide? (3)
- If someone is guilty or innocent
- Whether a defendant should be allowed to have bail
- The appropriate sentence when defendants either plead, or are found, guilty
What civil cases do magistrates try? (4)
- Unpaid council tax
- TV license evasion
- Child custody and adoption
- Care orders for children
What cases are only heard by experienced magistrates with special training? (2)
- Family cases
- Cases in the youth court
What are the five requirements for becoming a magistrate?
Applicants must:
- be aged 18-65
- Not have any serious criminal convictions
- Not have been banned from driving in the past 5-10 years
- Not have been declared bankrupt
- Not work a job where there may be a conflict of interest (e.g police officer)
How do candidates apply to become magistrates? (3)
- In response to advertisements
- Directly to the secretary of a local Advisory Committee
- To the Department for Constitutional Affairs
