Magistrates AO1
- Created by: H4f5ah
- Created on: 20-12-21 08:54
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- Magistrates AO1
- Role
- Play key role in criminal cases
- 16,000
- 330 Magistrates Courts
- Unpaid, part-time judges
- Bench of 2/3
- Unpaid, part-time judges
- 330 Magistrates Courts
- 16,000
- Try 94% of all criminal cases.
- 6% heard at a preliminary level, indictable offences transferred to the Crown
- Hear trials for summary and majority of TEW offences.
- Decide whether the D is guilty or not --> pass verdict
- End of trial (or if D pleaded guilty) --> pass sentence
- Max custodial - 6 months per offence
- Fine - unlimited
- If they believe they don't have enough sentencing power --> send offender to the CC for a higher sentence
- Fine - unlimited
- Max custodial - 6 months per offence
- Play key role in criminal cases
- Qualifications
- Aged between 18-70
- Must live or work in local justice area
- No need for legal qualifications, must show certain attributes. 6 key qualities:
- 1.Good Character 2.Understand & Communic 3.Social Awareness 4.Maturity and Sound Temperament 5.Sound Judgement 6.Commitment & Reliability
- Good Uncle Sam Must Stay Clean
- 1.Good Character 2.Understand & Communic 3.Social Awareness 4.Maturity and Sound Temperament 5.Sound Judgement 6.Commitment & Reliability
- No need for legal qualifications, must show certain attributes. 6 key qualities:
- Must live or work in local justice area
- Must have certain judicial qualities too
- Assimilate factual information --> make reasoned decisions
- Work as a team
- Must be committed to 26 half days per year
- Work as a team
- Assimilate factual information --> make reasoned decisions
- People who cannot be magistrates are :
- Those with serious convictions
- People who are bankrupt
- Work in the forces (police/traffic Wardens)
- Close relatives can't be appointed to the same bench
- Aged between 18-70
- Selection and Appointment
- Stage 1
- Person can directly apply to the Local Advisory Committee (LAC) - likely a reference will be needed
- LAC will ensure there is a cross-section of society
- To change the view of magistrates being 'middle-aged, middle-classed, middle-minded'.
- Made up of current, ex and none magistrates
- LAC will ensure there is a cross-section of society
- Person can directly apply to the Local Advisory Committee (LAC) - likely a reference will be needed
- Stage 2
- 2 stage interview process:
- First interview: panel try to find out about the candidates personality
- Look for 6 key qualities
- Second interview: aimed at testing candidates judicial aptitude. Done by a discussion of at least 2 case studies
- First interview: panel try to find out about the candidates personality
- 2 stage interview process:
- Stage 3
- Appointment
- LAC submit names of those they think are suitable to the Lord Chief Justice
- Successful applicants sworn in at the CC
- Can it until they are 70
- Expected to sit for a minimum of 26 half days a year
- Can it until they are 70
- Successful applicants sworn in at the CC
- LAC submit names of those they think are suitable to the Lord Chief Justice
- Appointment
- Stage 1
- Role
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