ELS: Magistrates

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  • Created by: em.101
  • Created on: 27-10-17 20:31
MTNI 2, 2004
Mags NEW training initiative (updates NATIONAL)
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competencies (4)
(1) managing yourself (2) member of a team (3) judicial decisions (4) managing judicial decisions
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Selection (6)
(1) apply via advert by LAC (2) 2 interviews: attitude, aptitude (3) 5 qualities (4) cross section (5) names to MoJ (6) sworn at Crown C
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LAC
local advisory committee: 1/3 members are non- mags
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5 desirable qualities
good character, communication skills, sound judgement, social awareness, commitment
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Training (6)
(1) competencies (2) core activities& training (3) reading, distance learning: personal development log (4) court induction, 3 observations (5) prison visit, YO institute& probation (6) 6 sittings w/ mentor
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Consolidation/ appraisals (3)
(1) 12hr consolidation TRAINING after 2yrs (2) covers procedure& developing 3 key skills (3) appraisal after 1yr
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3 key skills
(1) decision making (2) communication (3) social awareness
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What % of criminal cases?
97% criminal cases from start- finish. other 3% at PRELIM LEVEL: EAH
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Roles (criminal) (5)
(1) decide guilt/ innocence- sentence (2) warrants, extend detention (3) Prelims: bail, MoT (4) Youth court, ages 10-17 (5) sit w/ judge in CROWN to hear appeals from MAGS
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Why do MAGS deal with most cases?
use of DISTRICT JUDGES relatively limited
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Roles (civil)
(1) enforce debts to utilities- electricity (2) non- payment of TV license, council tax (3) appeals against refusal of alcohol license (4) FAMILY COURT: protection orders ag. violence, adoption
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CA 1989
Mags deal with family matters in FAMILY COURT. e.g. protection against violence/ adoption
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Advantages of mags (6)
(1) wider background than judges: more women/ ethnic (2) eliminating BIAS included in training (3) local knowledge& common sense: keeps law grounded (4) sentencing improving through better training (5) 3 people: less prejudice (6) democracy
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Disadvantages of mags (4)
(1) middle age/ class (2) BIAS: know prosecutors& police= lower acquittal rate (3) rely on clerk (4) inconsistent sentencing (5) local knowledge lmtd
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what is an advantage to mags working part time?
they become less case hardened so may give a more lenient sentence, as more sympathetic
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what is an advantage to mags being voluntary?
they are cheaper than district judges
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how old can mags be?
aged between 18- 65
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How many days a year do mags work?
26 half days a year
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what excludes someone from becoming a mag? (3)
(1) serious convictions (2) conflict of interests (3) health condition interfering with duties
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Constitutional Reform Act (CRA) 2005
selection of mags goes through LAC; criticized
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1993
all names of sitting mags are published
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Courts Act 2003
Mags must live within 15 mile radius of the court in which they sit in
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Further training
AFTER 3yrs service: (1) for chair person (2) or youth/ family court
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What happens if you fail your first appraisal?
further training is available
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Other cards in this set

Card 2

Front

(1) managing yourself (2) member of a team (3) judicial decisions (4) managing judicial decisions

Back

competencies (4)

Card 3

Front

(1) apply via advert by LAC (2) 2 interviews: attitude, aptitude (3) 5 qualities (4) cross section (5) names to MoJ (6) sworn at Crown C

Back

Preview of the back of card 3

Card 4

Front

local advisory committee: 1/3 members are non- mags

Back

Preview of the back of card 4

Card 5

Front

good character, communication skills, sound judgement, social awareness, commitment

Back

Preview of the back of card 5
View more cards

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