Magistrates
- Created by: Jessica Speight
- Created on: 11-05-14 13:02
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- Magistrates
- Qualifications
- Over 18 but under 65
- Be able to serve for 5 years
- Need to be in court for 26 half days
- Need to be able to hear evidence with or without an hearing aid.
- Need to be able to sit and concentrate for long periods of time
- It will be unlikely that you will become a magistrate if you have any serious criminal convictions or any repeating minor offences such as a speeding ticket.
- Must live or work near the court.
- Work of the magistrates
- 1) issuing warrants for search and arrest
- 2) Prelimary issues E.g bail applicants, funding, mode of trial hearing & sending for trial
- 3) Trials - summary & TEW
- 4) Sentencing but have limited powers of 6 months imprisonment and £5000 fine
- 5) appeals from magistrates court.
- Selection & Appointments
- 1) Advertisment > application form > interview by local advisory committee (panel of 12)
- 2) First interview > Second interview to discuss qualities & case studies
- Appointed by the Lord Chancellor on reccommendation of the local advisory committee
- 2) First interview > Second interview to discuss qualities & case studies
- 1) Advertisment > application form > interview by local advisory committee (panel of 12)
- Training
- The Judicial college provides training to the magistrates.
- The justices Clerk provides all essential training to magistrates.
- First year training
- 3) Core training
- To develop key skills, knowledge and understanding E.g by visiting prisons
- 2) Mentoring
- To get advice and feedback from a senior magistrate
- 4) first appraisal
- To see how well theyre doing
- 1) initial training
- This is to understand the organisation and roles and resoncibilites
- 3) Core training
- Ongoing trainging
- 2) Continuation
- To update initial training
- 1) second appraisal
- To see how youre doing
- 3) Update
- Recap
- 2) Continuation
- Further training
- For family and youth court or to become a chairman.
- The Judicial college provides training to the magistrates.
- 6 key qualities
- 4) Maturity & sound temprement
- 3) Social awareness
- 5) Committed and reliable
- 2) Good character
- 6) Sound judgement
- 1) Understanding & a good communication
- Advantages
- 2) Local knowlegde - live or work in the area so they know the problems it has and this can be taken into account when sentencing
- 1) Cross section of society - Good gender balance and an improved ethnic balance. Theyre from "all walks of life"
- 3) Cheaper & Quicker than being sent to the crown court
- Disadvantages
- 2) Inconsistant with sentencing and granting bail
- 3) Rely to heavily on legal advisor as they arent legally trained.
- 1) Not representitive - Middle class, middle minded and middle ages does not represent the whole of society such as a young person from a poor area.
- Composition of the bench
- "Middle aged, middle class and middle minded" - average age of 40
- From proffessional backgrounds
- 40% retired
- 50% female, 50% male
- 7% of an ethnic minority
- Qualifications
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