Magistrates

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Qualifications

- no previous convictions ( minor motor offenses don't matter )

- 18-65 ( have to retire at 70 and work for 5 years )

- Certain jobs disqualify ( e.g including if any of your significant others are police officers)

- Cannot be bankrupt

- Can hear clearly ( don't need to be able to see )

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Six key qualities

Good character
           - Not guilty of previous offenses
           - Fair and responsible 
Understanding & Communication 
           - Can hear clearly 
           - understand the situation and be able to make a sensible decision
           - can speak clearly and confidently 
Social awareness
           - Aware of social issues 
           - local knowledge 
           - Not bias ( social class or race )
Maturity & sound temperament
           - Sensible decision- representing the public 
Sound judgement 
           - trusted to make a fair decision 
Commitment and reliability 
           - 13 days or 26 half days
           - expected to work for 5 years

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Appointment

 1,500 lay magistrates appointed each year

- appointments made by the lord chancellor 

- LAC ( Local advisory committees)  place advertisements in a range of places to attract a     wide variety of society

- candidates first apply to LAC - made up of 12 members some of which are magistrates

- Once they have applied, they face two interview panels.

- 1st interview - find if they have the 6 key qualities

- 2nd interview - practical test - presented with 2 case studies 

- LAC  then recommend to The Lord chancellor - who will appoint them

- Legal advisor - solicitor or barrister for at least 5 years 

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Role

- Hear 97% of Criminal cases ( and deal with the preliminary matters for all criminal cases)
- Preliminary matters = Early administrative hearing - decisions on legal aid and bail.
- Will sit in the crown court when hearing appeals from their court (with qualified judge)

 -Criminal courts

  •      deciding bail 
    • hear summary and triable-either-way - responsible for sentence and verdict
    • hear mode of trial for t-e-w and committals for indictable
    • can issue arrest warrants 
    • responsible for extending detention periods for suspects being held at the police station
  • - Civil courts 
    • e.g enforcing debts to utility providers, non-payment of tax & television licenses, appeals against council's refusal to grant licenses to sell alcohol or betting
  • - Youth Courts 
    • special training needed for trials of offenders between 10-17
    • mag panel must include one man and woman and all be under 65
    • undertake extra training to hear family cases e.g adoption ( Childern Act 1989)
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Training

- supervised by the magistrate's Committee of the judicial studies board
- after heavy criticism of training, in 1998 the Magistrates New Training Initiative (MNTI) was       refined in 2004
- now each magistrate must undertake 3 areas of competence ( extra 4th area for chairman )

  • Managing yourself 
  • Working as a member of a team 
  • making judicial decisions 
  • Chairman - managing judicial decision-making 

- Training divided into 3 parts 

  • Initial introductory training: administration of the court and the roles of people in court
  • Core training: new magistrates can acquire key knowledge and understanding of key qualities
  • Activities: visits to prisons and observing court sitting    

mentored during first 2 years - after 2 years, undergo appraisal to check they have required competencies  

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Retirement and Removal

- Magistrates retire at the age of 70

- s11 Courts Act 2003 - Lord Chancellor has the power to remove any magistrates for the following   3 reasons:

  • Incapacity or misbehavior 
  • Persistent failure to meet the standards expectation 
  • Neglecting the functions of a justice of the peace

- There are around 10 removals a year

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