Lay Magistrates

Description

A-Level Law (Criminal Courts and Lay People) Flashcards on Lay Magistrates, created by Lily Gray on 25/11/2013.
Lily Gray
Flashcards by Lily Gray, updated more than 1 year ago
Lily Gray
Created by Lily Gray over 10 years ago
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Question Answer
What age is a person eligible to be a magistrate? 18 - 70 However magistrates are unlikely to be picked until 27 and people are unlikely to be appointed after the age of 65.
When is a person not eligible to be a magistrate due to their job? If they are a: Policeman (likely to know people) Traffic warden Member of the armed forces (need to be available a lot of the time)
What other 2 factors other than age and job that can effect you from being a magistrate? You can also not become a magistrate if you: Are disabled in a way which would prevent him from carrying out his job. If you are in the process of bankruptcy.
What 6 key qualities should a magistrate have? Good character Understanding and communication Social awareness Maturity and sound temperament Sound judgement Commitment and reliability
When applying what should a candidate disclose? His spouse/partner Close relatives Any criminal convictions Any civil claims Any occupations which may create a conflict of interest If he is a freemason
How are magistrates selected? Advertised Public awareness day Existing magistrates can recommend candidates
How does the candidate apply and what do they check using this? Application form Checked that he meets the basic qualification requirements.
Who is the candidate interviewed by the first time? Local advisory committee (LAC) (made up of existing magistrates)
What happens at the second interview? The LAC discuss practical scenarios with candidates.
How are candidates appointed? LAC forwards suitable people to the Lord Chancellor for appointment. LC normally follows recommendations of the LAC. Appointments are made by the Queen.
What doe the LAC try to ensure when choosing candidates? That the candidates: Reflect the population of the area in terms of - Gender, race, variety of backgrounds, professions, political allegiances and ages.
Who is responsible of training for the new magistrates? The local Magistrates' Area Training Committees under the supervision of the Judicial Studies Board.
What training do new magistrates typically receive? Compulosry: Reading and classes on the work of a magistrate, observing court sessions, and visiting a prison, a young offenders' institution and the probation service. Sitting as a magistrate on real cases with 2 experience colleagues. 6 sessions with a mentor. Consolidation training after a year on law, procedure and skills.
What further training can magistrates have? (2 years training) Receive specialised training as a BENCH CHAIRMAN, or a member of either the FAMILY PROCEEDINGS COURT or the YOUTH COURT. Also to cover new developments e.g human rights. As defendant mostly plead guilty a great time is spend on sentencing issues.
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