LAW REVISION: UNIT 1
SECTION A: CRIMINAL COURTS AND LAY PEOPLE
Qualification and selection of magistrates:
· No legal qualifications required.
· Some formal requirements:
· Candidate must have lived in UK for 6 months
· Aged 18-65 – Retire at 70 but expected to serve 5 years so won’t be appointed past 65.
· Commitment of 26 half days.
· Willingness to take oath of allegiance.
· 1998 LC set out 6 key qualities:
· Good Character.
· Understanding and communication.
· Social awareness.
· Mature + sound temperament.
· Being of sound judgement.
· Commitment + reliability.
· Those NOT eligible:
· People with serious criminal convictions.
· Undischarged bankrupts.
· Anyone elected to parliament or seeking election to.
· Anyone who works in Prison.O/Traffic.W/A.F/PR.D
· Anyone with close relative in CJS.
Application process + SELECTION:
· Application form online, vacancies advertised locally
· Selection by Local Advisory Committee – made up of mags and non-mags.
· LAC do initial checks to ensure candidate is eligible and will ask for references.
· All eligible candidates asked to first interview:
· Focused on what is in application form and personal qualities.
· Some candidates asked to second interview:
· Focused on judicial aptitude and may involve practical task such as ranking offences.
· Lac tries to balance the bench when selecting in terms of gender, age, occupation ect.
· Appointment now made by Senior Presiding Judge for Eng+Wal (used to be LC).
4 Basic Competencies:
· Managing yourself.
· Working as a member of a team.
· Making judicial decisions.
· Managing judicial decisions (chair).
· Delivered by court clerk.
· Overseen by judicial college (training materials + syllabus)
· Initial training includes visit to court + prison, and learn about role and responsibilities.
· Mentoring: Each new mag has mentor, guide them first few months.
· Core training takes place over 1st yr, aimed at providing mags with skills they need.
· Consolidation training takes place end of 1st yr, builds on skills. Prepare 1st appraisal.
· First appraisal 12-18 months after appointment. Appraised by chief. Ensure demonstrating competencies.
· Try 95% of all criminal cases.
· Decide verdict and pass sentence. (MAX sentence 6 months)
· Conducting plea before venue hearing for triable either way offences.
· Determining mode of trial for triable either way offences.
· Conducting early administrative hearings for summary offences, and preliminary hearings for indictable offences.
· Sitting with CC judge to hear appeals from mags to Crown against conviction or sentence.
· Bail applications -Bail act 1976.
· Family court panel – specially trained members – deal with…