Magistrates

Describe the meaning and history of the Magistrates.

Referred to as lay people which means ordinary people. Not legally qualified. 25'000 in the UK sitting as part time judges. Also known as Justices to the Peace. Usually sit in 3's = same powers as distric judge. alone = warrants only. 1st used 1195.

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What are the 6 key characteristsics Magistrates are required to have?

1) good character 2) understanding and communication 3) social awareness 4) maturity and sound temperament 5) sound judgement 6) commitement and reliable

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What qualifications must magistrates have?

Do not need legal qualifications. ages 18-65. must live locally. voluntary role therefore must commit to 26 half days a year. cannot have criminal convictions, bankrupt, member of the forces, an officer or relitive of local authorities.

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Describe the appointment process for Magistrates.

Local Advisory Committee = max 12 members made mostly of magistrates. Advertise position in newspapers. Interview 1=test for characteristsics and attitude to laws. 2nd = judicial aptitude via case studies. LAC pass names on to Lord Chancellor

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Does the magistrate bench represent all people as intended?

1/2 of magistrates are ages 60-70. only 4% are under 40. Majority are conservatives. 40% are retired and the rest are mainly from professional backgrounds. 51.3% are women. 8% of these are from ethinic minorities. 5% of magistrates are disabled.

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Describe the duties of Magistrates.

Deal with 97% of criminal cases. Some civil matters (utility bills/TV licences/council tax). all criminal cases start here. Specially trained magistrates can hear cases involving 10-17 year olds. panel of 1 of each gender. Special judges for family 2

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When can magistrates appear in Crown Court?

As part of the panel with a qualified judge for appeals from the magistrates.

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What are the four areas of competencies? What does this include?

Set out in s.19(3) of Courts Act 2003. 1)managing yourself - coveres preperation and conduct in court, 2)team work 3)judicial decision making 4)managing judicial decision making - working with legal advisors and managing court (for chairman only)

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Describe the training for new magistrates.

1) Initial training - basic role 2) Mentoring - 12/18 months + 6 formal meetings 3)core training - during 1st year, visit prisons 4)Consolidation - end of 1st year, builds on core training 5)first appraisal - 12/18 months after deemed fully competent

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How often are magistrates appraised?

every 3 years

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Desribe the retirement of magistrates.

Compulsory retirement at 70. They dont offically retire and are kept on the 'sipplemental list' so they can continue to sign documents ect... however they cannot sit as a magistrate.

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What act allows the removal of magistrates? what are the conditions for using this act?

S.11 Courts act 2003 states that the lord chancellor can remove magistrates if they are incapible or misbehave, persistently faill to meet competency standards or decline/neglet their duty

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What are the advantages of magistrates? (5)

Balance of gender, local knowledge, costs, legal advisor, few appeals

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What are the disadvantages of magistrates? (4)

Middle ages/classed/minded, prosecution bias, sentencing inconsistency, reliance on clerk.

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Magistrates

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