Classification Of Offences + Lay Magistrates

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  • Created by: Shahanna
  • Created on: 12-05-15 11:17
What is a Summary Offence?
A summary offence is also known as a minor offence and it includes nearly all driving offences, common assault etc. The case would be heard at the magistrates court.
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What is a Triable/Either Way Offence
This is known as the middle offence and can be moved from the magistrates court and the crown court. It can be heard in either court depending on the severity of the case background.
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What is an indictable offence?
These are the more serious offences and they include murder. manslaughter and ****. They are always heard at the crown court.
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State a small introduction about Lay Magistrates
There are around 25,000 lay magistrates. They sit and hear cases in the magistrates court as a panel of 2 or 3. They can issue search warrants, warrants for arrest and conduct early administrative hearings.
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What are the formal requirements of Lay Magistrates
They have to be aged 18-65. Live or work in the allocated area and be able to sit 26 half days.
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What are the 6 Key Qualities
Good Character, Understanding and Communication, Social Awareness, Maturity and Sound Temperament, Sound Judgement, Commitment and Reliability.
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Name 3 ways in which a candidate can be disqualified from applying to be a lay magistrate
Bankruptcy, Criminal Convictions, Members of the forces
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Who selects the Lay Magistrates
The LAC selects hem on behalf of the lord chancellor.
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State the first stage of the 2 stage interview process
Tests to see whether the candidate would have the 6 key qualities. To see whether they are a suitable candidate
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State the second stage of the interview process
Give case studies to see how they answer and to see whether they can answer to a high standard.
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How are the lay magistrates appointed
The LAC sends the name of the people that they think have passed the best and the lord chancellor appoints them.
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State an introduction to the training of lay magistrates
The judicial studies board sets out a list of ket topics that they must learn in their training. They organise the training sessions to be held close the allocated area due to the travel costs.
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What are the 4 topics that must be taught in the lay magistrate training.
1. Managing Yourself: Focuses on the aspect of self conduct in court...2. Working as a team: Focuses on working with other members of the panel ..3: Making Judical Decisions: Focuses on making fair and impartial decisions in court
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What is the 4th Stage in the training of Lay Magistrates
Managing Judicial Decisions: This focuses on the chairman working with the legal executive to make sure that they are able to make good decisions in court.
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Name 3 Adv of lay Magistrates
Local Knowledge...Cost...Training
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Name 3 dis of lay magistrates
Reliance on the court clerk, Training, Prosecution Bias
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Other cards in this set

Card 2

Front

What is a Triable/Either Way Offence

Back

This is known as the middle offence and can be moved from the magistrates court and the crown court. It can be heard in either court depending on the severity of the case background.

Card 3

Front

What is an indictable offence?

Back

Preview of the front of card 3

Card 4

Front

State a small introduction about Lay Magistrates

Back

Preview of the front of card 4

Card 5

Front

What are the formal requirements of Lay Magistrates

Back

Preview of the front of card 5
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