AS LAW: English Legal System
- Created by: Deborah Mercy
- Created on: 15-04-13 10:20
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- Lay Magistrates
- Intorductions
- Not legally qualified
- Work at the Magistrates court
- Age: 18-65
- Deal with criminal dvision
- Known as the JP
- Deal with 97% of criminal cases: summary/triable-either-way
- Issue policing warrants for arrest/search
- Deal with cases involoving legal aid/decide bail/request pre-sentence, etc.
- Can sit at the youth court/crown court - with a legal judge when dealing with issues of appeal/child protection
- Qualifications
- Not necessary
- LC 1998: What Lay Magistrates must have.
- Sound temprement, understanding and commitment, reliability, good charaacter, maturity, sound judgement, social awareness,etc.
- Selection
- LC selects who he sees as it to be LM.
- Lay magistrates age 18-65, but only chosen from age 21, sometimes 40's
- One cannnot be a magistrates if they do not qualify
- They canot be disbaled, no past criminal convictions or bad behaviour in society, does no know the enviroment very well, works with the criminal justice system, etc.
- Adverts are made in news papers/trade unions/political parties
- Interview process: Stage process
- Individuals are recommended by the local advisory committee, which relies of ex-lay magistrates
- Once names are chosen, individuals can be magistrates till the age of 70
- Training
- Provided by the Judicial Studies Board
- Train lay magistrates in local area (15M)
- Magistrates National Training
- 4 competencies for being a lay magistrates
- In the syllabus for new magistrates (3 parts)
- Part 1 - Introductions, Part 2 - developing key skills, Part 3 - Observations/visits e.g. to a prison
- In the syllabus for new magistrates (3 parts)
- 4 competencies for being a lay magistrates
- Keep a personal development diary/ have a mentor
- Provided by the Judicial Studies Board
- Compostiion
- It is the make up of the lay magistrates
- LM are middle class, midlle minded individuals
- 45-65 years of age - majority
- Come from professional background
- Numbers of females/ethnic minorites is better than the judiciary
- Political view: conservatives
- Numbers of females/ethnic minorites is better than the judiciary
- Come from professional background
- 45-65 years of age - majority
- LM are middle class, midlle minded individuals
- Removal: LC hjas the power to remove JP (s.11 Court Act 2003)
- Grounds
- Incapacity and misbehaviour, presistent failure to meet standars
- Grounds
- It is the make up of the lay magistrates
- Removal: LC hjas the power to remove JP (s.11 Court Act 2003)
- Grounds
- Incapacity and misbehaviour, presistent failure to meet standars
- Grounds
- Comapring LM and District Judges
- Qualifications
- Work load
- Age of DJ: 35-55 compared to LM age 45-65
- Experience
- Dealing with cases speedily
- Comlexity of cases
- Procedure
- Intorductions
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