The role is to be a part time judge to servce peace. Deals with all summary offences, deals with triable either way offences where defendent pleads guilty. Deals with remand and bail.
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How are they selected?
Checked for general elegibility, if elegible- first interview where checked for 6 qualities and attitudes towards youth crime and drink driving. Sent by LAC, If successful- second interview, checked for conflicts of interest. LAC considers suitabilit
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Who delegates the applicant as a lay magistrate?
Historically, used to be Lord Chief Justice but now has delegated it to Senior Presiding Judge, to aid separation of powers.
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Who can't be appointed as magistrates?
People with serious criminal convictions, undischarged bankrupts, members of the forces, occupation, close relatives, deaf people
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What qualifications are required?
NONE, anyone can be a legal magistrate
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What training is provided?
Training divided into 4 areas of competenence, Initial Training- sitting with two experienced magistrates, Mentoring- there are 6 formal mentored settings in the first 12-18 months, Core Training- Observations for key knowledge, Consolidation
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What is appraisal?
When both mentor and magistrate feel applicant is ready, the new justice is appraised, when successful the magistrate is deemed full competent. If after 2 years they arent sucessful, additional training is provided.
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Advantages of Lay Magistrates
Displays 'cross-section' of society. More social awareness of their area, Cheap, Training to ensure lay magistrates are just, Legal adviser in case, Few appeals as they do their job well.
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Disadvantage of Lay Magistrates
Middle aged, middle class people. Inconsistency in sentencing depending on area, Reliance on the clerk due to lack of legal knowledge, Prosecution bias- Some magistrates believe police too readily, Acquittal rate (20%)
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What are the '6 qualities'
Lay magistrates must possess good character, understanding and communication, Social Awareness, Maturity and sound temperement, Sound judgement, Commitment and reliabilty(26 half days a year).
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What are lay magistrates also known as
Justices of peace.
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Other cards in this set
Card 2
Front
How are they selected?
Back
Checked for general elegibility, if elegible- first interview where checked for 6 qualities and attitudes towards youth crime and drink driving. Sent by LAC, If successful- second interview, checked for conflicts of interest. LAC considers suitabilit
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