Magistrates

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  • Created by: B
  • Created on: 01-01-16 15:07

Eligability

The criteria are:

  • 18-65
  • Good health
  • Live/work in the local justice area
  • 6 personal qualities: Good character, understanding/communication,social awareness,Maturity/sound temprament. sound judgement, commitment/reliability
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Selection/ Appointment

  • An application is filled in by the applicant stating eligability, the 6 qualities and any convictions
  • The Advisory Committee gives them case examples to assess them
  • They do background checks- conflict or interest and any political persuasions
  • Lord chancellor or the Secretary of state will appoint new Magistrates
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Training

  • Inital: Roles and responsabilities, they visit young offenders and a prison
  • Mentoring: More experienced Magistrate guides and supports
  • Core: 4 key skills, self management, team work, judicial decisions (management and making)
  • Consolidation: After 2 years knowledge is updated and they are given practical situations to check their understanding
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Role and Powers

They have max sentecing powers of 6 months, or two 6 month sentences and a £5000 fine

They here summary and either way offences and the preliminary hearings of indictable offences

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Removal

Retirement: 70

Incapacity/misbehaviour

Failure to meet standards

Neglecting duties

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Advantages and Disadvantages

Advantages:

  • Low costs: They would need 1,000 more judges, this would cost £100 mil
  • Public confidence: Base verdict on the facts
  • Local Knowledge: They have good local knowledge on social issues
  • Representative: Real life people with the experiences

Disadvantages:

  • Inconsistencies: 26% ABH in Somerset, 14% in Devon given custodial setences
  • Case Hardened: They are used to excuses so rarely listen to the defendant
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