Which act gives magistrates national jurisdiction
Courts act 2003
Which act allows magistrates to give unlimited fines, and in which cases
S85 legal aid sentencing and punishment of offender act 2012 (LASPO)
Selling alcohol to minors, harassment
Name 3 of the 6 key qualities for a magistrate whcih were set out by the lord chancellor in 1998
Good character
Understanding and communication
Social awareness
Maturity and sound temperament
Sound judgement
Commitment and reliability
Who is now responsible for appointing magistrates and since when
Lord chief justice, 2013
What is the criteria for magistrate selection
Aged 18-65
No serious criminal convictions
Not been banned from driving in past 10 years
Not been declared bankrupt
Not work in job which creates a conflict of interest (eg. police)
Who selects magistrates
Local advisory committee (LAC)
What do the two LAC interviews consist of
Interview 1 consists of scenarios which assess whether candidate has the 6 key qualities
Interview 2 consists of mock trials which test a candidates judicial aptitude
What are the five stages of a magistrates training
Initial training
Mentoring
Core training
consolidation training
First appraisal
Which training continues throughout a magistrates career
Appraisals and continuation training every 3 years
Update training
Threshold training
At what age do magistrates retire
70
Which section allows magistrates to be removed
S11 courts act 2003
On which grounds can a magistrate be removed
Incapacity or misbehaviour
Failure to meet standards
Neglecting functions as a justice of the peace
What section gives the role of the legal advisor
S28 Courts act 2003
What is the role of the legal advisor under S28
Advise on issues of law, policy and procedure
Which case shows the legal advisor assisting with decision making
Ex parte Farrely
What does S29 courts act 2003 gurantee
Independence of legal advisor
What are the advantages of magistrates
Provide better representation of society than professional judiciary
They often live or work in the area in which they sit (local knowledge)
Legal advisor
What are the disadvantages of magistrates
Middle aged, middle class, middle minded
National jurisdiction
Reliance on legal advisor
What percentage of magistrates are women
57
