good character. understanding and communication. social awareness. sound judgement. they must also be able to make reasoned decisions and give factual opinions. only 3% of magistrates are under 40 even though the youngest is 18.
1 of 19
what area does the lay magistrate need to be in?
in 2003 , it was necessary for a magistrate to live within a 15 mile radius to the court they sat in. but now the rule is abolished.
2 of 19
where are cases heard?
the offence is alleged to have been committed. the person changed with the offence lives. where the witness or the majority live.
3 of 19
what are the restrictions of appointment?
people with serious criminal convictions. undischarged bankrupts. members of the forces or police officers. peoples whos hearing are impaired , or cant carry out all of the duties.
4 of 19
what are local advisory committees?
the members tend to be current or ex Justice's of the peace. around half the members have to retire in rotation every 3 years. the committee should have around 12 members and can be none magistrates or Magistrate.anyone can apply to become a mag.
5 of 19
what are the interview panels?
there is usually a 2-stage interview process. in the first one they try to find out the candidates personal attributes. they also look for the six key qualities. the second interview is aimed at testing candidates potential judicial attitude
6 of 19
and this is done by discussion of at least two case studies which are typically heard in the magistrates court.
the Advisory committee to use will then submit names of those they think are suitable to the lord chief justice.once appointed they can sit until the age of 70.
7 of 19
what is the composition of the bench today?
the traditional view of the magistrates is that they are middle-class middle-aged and middle minded. around 53% of magistrates are women. around 11% of magistrates are from ethnic minorities.this is due to the campaigns that are held. disabled people
8 of 19
what is the role of the magistrates?
video with all summary cases they also deal with triable either way offences. the magistrates deal with all the preliminary work in these cases. this includes administrative hearings remand hearings and bail applications.
9 of 19
what is the youth court?
especially nominated in trend Justice from the youth Court panel hearing most criminal charges against young offenders age 10 to 17.
10 of 19
what are appeal hearings?
lay magistrates also that Crown Court to hear appeals from the magistrates court. to hear all the evidence in the case and decide whether the appeal is guilty or not guilty.
11 of 19
what is the magistrates clerk?
this is a legal advisor. the clock has to be qualified as a barrister or solicitor for at least 5 years. the client is not meant to assist in the decision-making and should not normally retire with the magistrates from they go to make their decision.
12 of 19
what is the first advantage of lay magistrates?
cross section of society. the system involves members of the community and provides a wider cross-section on event and would be possible with the use of professional judges.
13 of 19
what is the second advantage of lay magistrates?
local knowledge. since the magistrates work all live near the local court it is intended that they should have local knowledge or particular problems in this area.
14 of 19
what is the third advantage of lay magistrates?
cost. the use of unpaid lay magistrates is cheap the cost of replacing them with pages has been estimated at 100 million pound a year.
15 of 19
what is the fourth advantage of lay magistrates?
legal advisor. old Magistrates Courts have to be legally qualified therefore this brings a high level of legal skill to the magistrates court.
16 of 19
what is the first disadvantage or lay magistrates?
middle-aged middle-class. only 3% of magistrates are below the age of forty meaning they have a less broad age.
17 of 19
what is the second disadvantage or lay magistrates?
inconsistency in sentencing. magistrates in different areas often pass different sentences for what a Peter be similar offences
18 of 19
what is the third disadvantage or lay magistrates?
reliance on the clerk. the lack of legal knowledge of the Lay justices should be offset by the fact that legally qualified click is available to give advice
19 of 19
Other cards in this set
Card 2
Front
what area does the lay magistrate need to be in?
Back
in 2003 , it was necessary for a magistrate to live within a 15 mile radius to the court they sat in. but now the rule is abolished.
Comments
No comments have yet been made