Magistrates (also known as justices of the peace) are 21,500 volunteer judicial office holders who serve in magistrates’ courts throughout England and Wales
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what two acts govern magistrates powers and function?
Jutices of the Peace Act 1997 and the Courts Act 2003
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When was the role of Magistrate established?
Jutices of the Peace Act 1361
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How much do Magistrates work?
26 half days a year and employers are required by law to have time off and do not have to be payed
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Do Magistartes require legal training?
Magistrates do not require legal training or qualifications
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Who sits in the Magistrates court?
3 mags called a bench, a legal advisors and a legally qualified justices clerk
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What 7 attributes must a Magistrate possess?
Candidates must demonstrate six ‘key qualities’ – Good Character; Commitment and Reliability; Social Awareness; Sound Judgement; Understanding and Communication; Maturity and Sound Temperament
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What age are Magistrates?
18-70
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What happens to the Magistrate when appointed?
Once appointed, magistrates undertake mandatory training and are always supported in court by a trained legal advisor to guide them on points of law and procedure.
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How are Magistrates appointed?
you can apply or be approached. you must complete an application form and a 2 stage interview. if successful you are appointed by the Lord Chancellor on behalf of the Crown.
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What does the local advisory commitee do?
ensure the magistrate has ; good character, understanding and communication, social awarness, maturity, sound judgement, commitment and reliability. they also aim to maintain a balanced of gender, ethnicity, location, occupation, age, background.
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Who can be a Magistrate?
anyone can be a Magistrate, no legal or academic qualifications are required and full training is provided, certian people are excluded e.g police officers and traffic wardens
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What is the role of the Magistrate in the criminal juristriction?
they hear about 95% of cases mostly summary offences, they decide guilt and sentencing. they can iddue warrents for arrest and decide on bail. cannot order sentences over 6 months and fines over £5,000. triable either way goes to Crown Court.
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What is the role of the Magistrate in the civil juristriction?
they have a limited role in the civil juristiction. They can issue some debt actions. They can also deal with protection against violence and welfare of children
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What does the first year of training consist of?
initial training consists of the basics. Mentoring, core training and observations. consolidation training which builds on the basics, they then recieve there first appraisal
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what is the ongoing training in development?
they continue training throughout their career. they have multiple appraisals (where other mags check theyre doing there job correctly). they continue training every 3 years and recieve threshold training.
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what is the background of magistrates?
they tend to be middle class and middle aged, 51% women and 49% male, 8% are from an ethnic minority which is almost exactly the proportion found in the whole population
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Advantages of Magistrates?
Lay involvement-public participation in the justice system •Local knowledge-community concerns and interests represented •Balanced view-a bench of three Magistrates provides a balanced view •Cost-they are volunteers and therefore relatively cheap
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disadvantages of magistrates
Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds . Inconsistent- takje a long time making decisions Bias towards the police - sitting in local areas, Magistrates get to know the police office
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Other cards in this set
Card 2
Front
what two acts govern magistrates powers and function?
Back
Jutices of the Peace Act 1997 and the Courts Act 2003
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