Zusammenfassung der Ressource
Lay Magistrates
- Appointment
- The Local Advisory Committee
Anmerkungen:
- runs the recruitment process and advise the Lord Chancellor
- made up of current and ex magistrates
- advertised or
recommendations
Anmerkungen:
- some people are brought to the bench by friends/contacts already involved
others may see an advert in the media and apply.
Adverts aim to bring in a wider variety of magistrates
- interviews
- 1: skills based
Anmerkungen:
- interview based on the character and skills of the candidate
- 2: scenario based
Anmerkungen:
- testing the judicial skills and decision making ability of the candidate
- training
- Courses run by the
Judicial College
Anmerkungen:
- mentoring
Anmerkungen:
- sit with experienced magistrates
- role
- criminal
- involved in early
process for all crim
cases
Anmerkungen:
- formal charging,
extending detention times
bail
legal aid hearings
- hear 97% of ALL trials
- all summary offences and
some 'either way'
- bench of 3
Anmerkungen:
- most experienced will be the 'chair'
other 2 are called wingers
- decide verdict and sentence
- maximum sentence 5k
fine or 12 months prison
- helped by the
legal advisor
(clerk)
- civil
- Qualification
- Age 18-65
Anmerkungen:
- unlikely to be appointed below 25 due to maturity.
Will not be appointed after 65 but can serve until 70
- 6 key qualities
Anmerkungen:
- Lord Chancellor set out characteristics that mags should have
Maturity
Communication skills
Social awareness
Reliability
Good character
Integrity
- no serious convictions
- normally live in local area
Anmerkungen:
- not an absolute rule, but a good guideline
- able to commit to
26 half days
- evaluation - general
- advantage
- cheaper than
paying judge and
jury
Anmerkungen:
- saves tax payers lots of money
- more
representative
than judges
Anmerkungen:
- far more women represented
much less elite
- disadvantage
- middle aged
and middle
minded
- middle aged
Anmerkungen:
- tend to be the kind of people whose families have grown and who can spare time
rather than those trying to build their careers
- middle minded
Anmerkungen:
- the 'type' attracted to the bench are management grade middle class people
again they are the ones who can afford the time AND have the confidence to take on the responsibility
- Political bias
Anmerkungen:
- large majority of mags are Conservative voters.
not sympathetic to other views
- case hardened
Anmerkungen:
- because mags see many many small cases as they serve , it is thought that they may lose empathy with defendants
- police bias
Anmerkungen:
- it has been shown that magistrates are biased towards believing/accepting evidence presented by the police, even if it is successfully discredited by the defence
- Evaluation - defendant
Anmerkungen:
- you may need to say why a defendant would prefer to have a magistrates or crown court trial
- advantages
- cheaper legal representation
Anmerkungen:
- can use a solicitor or represent yourself easily (the clerk will help you)
- less delays
Anmerkungen:
- your trial will be heard quicker,
lets you get on with your life
- lower sentencing
Anmerkungen:
- magistrates tend to sentence more leniently than the Crown Court for the same offences
- disadvantages
- more likely to be found guilty
Anmerkungen:
- magistrates are more likely to convict than a jury
(possibly because they have seen many many cases and become 'case hardened'.
- less expert representation
Anmerkungen:
- you won't get a skilled advocate barrister to argue you for you in the magistrates court
- less time on remand
Anmerkungen:
- if you know you are going to found guilty and sent to prison a long delay before trial may be in your favour!
Time spent on remand (in prison before your trial) is often spent at far nicer prisons with better conditions than proper prison
spending as much of your sentence here is a GOOD PLAN