How many Lay Magistrates sit on a panel to hear criminal cases?
3
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Who is responsible for selecting lay magistrates?
Local Advisory Committee
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Who officially appoints lay magistrates?
The Lord Chancellor
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Who helps lay magistrates understand the law and the sentencing guidelines?
The Magistrates' Clerk
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What sentencing powers do lay magistrates have?
Max. 6 months imprisonment or £5,000 fine
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What duties do lay magistrates have in criminal trials?
Try summary or triable-either-way offences, decide guilty beyond reasonable doubt, sentence guilty offenders, grant or refuse bail, issue warrants to the police, run the Youth Court
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What duties do lay magistrates have in civil trials?
Hear alcohol and gambling license appeals, hear cases of non-payment of utility bills and council tax, etc., family proceedings court (e.g. giving permission for under 18s to marry/emergency child custody cases, etc.)
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What training do lay magistrates recieve in the first year?
Given experienced mentor, have regular meetings to review progress, have an appraisal after first 12-18 months, etc.
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Give three ADVANTAGES of using lay magistrates
Advantages - Cheaper than judges, few appeals, lay involvement in the law, more representative than judiciary, sit as a 3 so give balanced verdicts, etc.
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Give three DISADVANTAGES of using lay magistrates
Disadvantages - Rely too much on the Clerk, takes much longer to deal with cases (therefore more expensive), legally unqualifed so may not understand complicated laws, inconsistent with sentencing, etc.
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Other cards in this set
Card 2
Front
How many Lay Magistrates sit on a panel to hear criminal cases?
Back
3
Card 3
Front
Who is responsible for selecting lay magistrates?
Back
Card 4
Front
Who officially appoints lay magistrates?
Back
Card 5
Front
Who helps lay magistrates understand the law and the sentencing guidelines?
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