Magistrates

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  • Created by: 10dhall
  • Created on: 06-03-17 22:19
What does a magistrate need to have?
Good character, understanding communication, social awareness, maturity and sound temperament, sound judgement, commitment reliablity
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Eligibility requirements?
must live within the area they apply to, lived in that area for 12 months, reasonable degree of knowledge, 18-65, retire at 70
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Lord chief justice will not appoint-
serving/retired police, someone who works for a court associated organisation, her majestys forces, offences/parters offences, disability, asylum seekers
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What is the appointment process?
Appointed by the lord chief justice on the advice of local advisory committees,
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What factors are important in the appointment process?
age balance, ethnic minorities, occupational background, geographical spread
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how long does a magistrates sit for?
26 half day sittings per year
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What organisations carry out the training of lay magistrates?
local advisory committee, judicial college, magistrates association
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What does the training involve?
Self management, preparing for court, making and managing judicial decisions, working as a member of a team, MNTI2 states that they are expected to undergo initial and continuous training
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Training in the first year?
Initial training, mentoring, core training, consolidation training, first appraisal,
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on going training and development?
Appraisals, continuation training, update training, threshold training
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What do magistrates do?
Adjournments, remands, bail applications, sentencing, the youth court, arrest warrants, either way offences
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How do magistrates usually sit?
In threes
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What can be carried out by a single magistrate?
Allowing bail, putting someone on remand, requesting a medical report
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What are magistrates expected to do?
Be unemotional, unbiased, independent, fair, impartial, open minded
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What do justice clerks do?
legal advisers for the magistrates on; decision making, range of penalties available, practice and procedure, mixed questions of law and fact
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Advantages of lay magistrates?
Good value for money, quick, training improving, few appeals
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Disadvantages of lay magistrates?
Too much work can lead to poor decision making, cases are not heard in as much detail as in the crown court, variations in sentencing occur
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Reform proposals?
Greater use of district judges, reduced delay, extended sentencing powers 6-12 months and up to £15,000
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Other cards in this set

Card 2

Front

Eligibility requirements?

Back

must live within the area they apply to, lived in that area for 12 months, reasonable degree of knowledge, 18-65, retire at 70

Card 3

Front

Lord chief justice will not appoint-

Back

Preview of the front of card 3

Card 4

Front

What is the appointment process?

Back

Preview of the front of card 4

Card 5

Front

What factors are important in the appointment process?

Back

Preview of the front of card 5
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