Lay Magistrates
- Created by: Hayley Petts
- Created on: 01-01-13 19:40
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- Lay Magistrates
- Qualifications
- 18-65
- committed to 26 half days a year
- McGuss
- live or work near local justice area
- interviews
- done by the local advisory committee
- 1st= McGuss criteria
- 2nd=practical judgement
- disqualifications
- incompatible jobs
- Police
- parking attendant
- many driving offences
- if you have serious criminal conviction
- if you are an undischarged bankrupt
- member of armed forces
- incompatible jobs
- appointment
- approximately 1,500 appointed every year
- when there are not enough district judges are appointed
- aim for a balanced bench
- role
- criminal
- deal with 97% of criminal cases
- hear all summary matters
- deal with some TEW matters - plea before venue, EAH
- refer some TEW matters and Indictable to crown court
- appeal against decisions - heard in crown court
- Ancillary matters - EAH, legal aid, bail etc
- Civil
- non-payment of council tax and TV licences
- family court - adoption, orders, protection against violence
- enforcement of debts owed to utilities e.g. gas, electric
- appeals against refusal of alcohol and gaming licences
- criminal
- advantages
- cheap -cost effective
- cost of DJ's a year would be £100million a year
- voluntary - only expenses paid
- average magistrates case costs £900 compared to £1700 in crown court
- local and open justice
- use to be 15 mile requirement - now abolished
- allow local community to have their say on open days
- more in touch with the people they deal with
- represent a cross section of society
- 8% are ethnic minorities
- nearly 27,000 magistrates
- gender - 48.9% men and 50.1% women
- few appeals
- less than 1% of decisions challenged
- cheap -cost effective
- disadvantages
- lack of young people
- due to being voluntary work
- 4% under 40
- over 50% are 60+
- unlikely to live in poor area of society
- lack of understanding
- inefficient
- costs £270 for every inefficient trial
- one DJ can do the job of 30 magistrates
- can get through more cases in less time
- inconsistency in sentencing
- no legal qualifications
- receive different training
- Licolnshire 4.1% defendant sent to immediate custody compared to 13.8% in Humberside
- not a trial by one's peers
- magistrates convict around 90% of cases
- lack of young people
- Qualifications
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