magistrates Flashcards

paper 1 section a (11 cards)

1
Q

who are magistrates

A

lay people who preside in a magistrates court

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2
Q

what age range must someone be in to be a magistrate

A

18 - 74

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3
Q

where must someone live to be a magistrate

A

in or around the area in which they serve as a magistrate

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4
Q

how much time must someone commit to being a magistrate

A

26 half days / 13 whole days per year

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5
Q

what 6 attributes must magistrates have

A
  1. self awareness and openness to learning
  2. communication with sensitivity and respect
  3. understanding and appreciating different perspectives
  4. fair, impartial, and transparent decisions
  5. good character
  6. work and engage with people professionally
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6
Q

who is excluded from serving as a magistrate

A

anyone serving in the army or police, with a disability which prevents them from serving, who cannot spare the time to serve, or has a criminal record.

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7
Q

what is the 7 step process to becoming a magistrate

A
  1. apply online or by post
  2. local advisory committee creates a shortlist of candidates
  3. interviews are arranged, with two magistrates and another person
  4. two interviews take place, one to examine character, another includes trial and sentence exercises
  5. the application is reviewed by the committee to ensure a balanced bench
  6. committee gives its recommendations the toe lord chief justice
  7. the lord chief justice makes appointments on behalf of the crown
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8
Q

what are the three stages of a trial a magistrate is present in

A

pre trial, during trial, post trial

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9
Q

what does a magistrate do during pre trial

A

hear applications for bail or remand
issue warrants
issue summons
extend suspect holding time
refer offences to crown court

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10
Q

what does a magistrate do during the during trial phase

A

hear summary and triable either way offences
listen to evidence
take legal advice from the court clerk
reach a verdict
serve in the youth court

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11
Q

what does a magistrate do during post trial

A

give a sentence if the defendant is found guilty
can hear appeals against sentence or conviction in the crown court with a judge

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