Magistrates

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What are the different types of magistrates?
Lay magistrates

District judges - formerly known as stipendiary magistrate
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What are lay magistrates?
Volunteers down from all walks of life, they are also called Justices of the Peace
Not legally qualified but given some training to undertake their duties
Sit in panels of three and are advised on matters of law by legally qualified derks
Minimum commitme
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What are the qualifications to becoming a magistrate?
Aged 18-65
Good health with satisfactory hearing
Not a bankrupt
Of good character
Not associated with the administration of justice
Not have significant court orders against them
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Where is the selection process carried out?
Local Advisory Commitees
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What are the key 6 qualities identified by the Lord Chancellor?
Good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement, commitment and reliability
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What are the local bench requirements?
Age
Gender
Ethnic origin
Geographical spread
Occupation
Political affiliation
Membership of dubs or organisations
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What is the judicial college?
Responsible for overseeing and guiding the training of magistrates nationally
Produces and develops national training materials, good practice guidance, syllabi for training and also trains court trainers
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What is local training?
Each court area the justices clerk is responsible for providing all essential training to magistrates, may be delegated to training officer or bench legal advisor, guided by a national syllabus and training materials, also be involved in delivering certai
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What is the magistrates association?
Originally set up to provide training to justices when this was not delivered by the courts, things have moved on and the MAs role has changed with the times but still plays an important role in providing training for magistrates
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What three areas do the MAs training cover?
Local branch training
Promoting quality in training nationally
Innovating courses and learning materials
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What is local branch training?
Some local branches provide 'contextual and awareness training' sessions on issues such as alcohol and crime or issues of local importance such as animal related crimes
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How does the MA promote quality in training nationally?
Has a training commitee which reqularly raises issues which tries to ensure the courts keep improving magistrates training so justices can be effective in court, recent lobbying has been for more accessibility of training for example for working magistrat
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What does the MA with innovating courses and learning materials?
They develop new training courses or learning materials for the benefit of all magistrates, it may initiate new types of materials like self study workbook for chairmen and pass it on to the courts service to update it in future
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What are competences?
Magistrates training is based on competences, they are a description of what a magistrate needs to know and needs to be able to do so that he/she can fulfill the role
Include a checklist of observable behaviour and level of knowledge magistrates will nee
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What does the training of the magistrates in the first year consist of?
Initial training
Mentoring
Core training
Consolidation training
First appraisal
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What happens in the inital training?
Before sitting in court a new magistrate will undergo introductory training on the basics of the role, after this he/she will sit in court with two other experienced magistrates
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What happens in the mentoring?
Each new magistrate has a specially trained magistrates mentor to guide them through their first months, 6 formal mentored sittings in the first 12-18 months where the new magistrate will review his or her learning progress and talk over any training need
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What happens in the core training?
Over the first year further training, visits to penal institutions and observations take place to equip magistrates with the key knowledge they need, every magistrate is given a core workbook for further optional self study
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What is consolidation training?
At end of first year, consolidation training builds on the learning from sittings and core training, designed to help magistrates plan for their ongoing development and prepare for their first appraisal
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What is the first appraisal?
About 12-18 months after appointment when both mentor and magistrate agree he/she is ready, new justice is appraised, another specifically trained magistrate appraisor will sit as part of the bench observing whether they are competent in the role against
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What are appraisals in ongoing training?
take place every 3 years to ensure the magistrate maintains his or hers competency in whichever court they sit
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What is continuation training in ongoing training?
takes place once every 3 years usually before appraisals
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What is update training in ongoing training?
new legislation and procedures is delivered to magistrates as required
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What is threshold training in ongoing training?
accompanies each development in a magistrates role there is a matching training process, magistrates may go through comprehensive training to become a chairman or presiding justice, they may choose to undergo training in the specialist skills needed for f
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What is the criminal role of magistrates?
Issue warrants for arrest and search, grant applications for bail or remand defendants, conduct mode of trail proceedings, in summary trails determine whether guilty or not, enforce financial penalties, sit in youth court, hear commitals for sentence etc
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What sentencing powers can they do?
Fines (max £5,000 for an individual higher for a business)
Community orders
Period of not more than 6 months in custody
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Who are lay justices regulated by?
Court Act 2003
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What happens with regulation and removal?
Lay magistrates may resign his office at any time, Lord Chancellor may remove a lay justice from his office on the grounds of: incapacity, misbehaviour, persistent failure to meet standards of competance, lay justice is declining or neglecting to take a p
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Card 2

Front

What are lay magistrates?

Back

Volunteers down from all walks of life, they are also called Justices of the Peace
Not legally qualified but given some training to undertake their duties
Sit in panels of three and are advised on matters of law by legally qualified derks
Minimum commitme

Card 3

Front

What are the qualifications to becoming a magistrate?

Back

Preview of the front of card 3

Card 4

Front

Where is the selection process carried out?

Back

Preview of the front of card 4

Card 5

Front

What are the key 6 qualities identified by the Lord Chancellor?

Back

Preview of the front of card 5
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