AS LAW: English Legal System

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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
      • Keep a personal development diary/ have a mentor
    • 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
      • Removal: LC hjas the power to remove JP (s.11 Court Act 2003)
        • Grounds
          • Incapacity and misbehaviour, presistent failure to meet standars
    • Removal: LC hjas the power to remove JP (s.11 Court Act 2003)
      • Grounds
        • Incapacity and misbehaviour, presistent failure to meet standars
    • 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

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