Magistrates

Question 1

What punishments can magistrates impose? (2)

Answer 1

• Prison sentence up to 6 months (they refer to the Crown Court if a longer sentence is required)
• Unlimited fine in certain cases

Question 2

What are the diversity statistics on magistrates? Think sex, age, ethnicity

Answer 2

• 53% female - 47% male
• 1% under 30 - 80% over 50
• 89% white - 11% POC

Question 3

What is a Justice’s Clerk? What qualifications do they need? What do they do? What are they not allowed to do? (4)

Answer 3

• A legal advisor who assists every bench of magistrates
• Must be qualified as solicitor or barrister for at least 5 years
• They are to advise the magistrates on issues of law and procedure
• The clerk is not permitted to assist the magistrates in their decision making

Question 4

What are Lay Magistrates? Where do they sit? Do they get paid? What’s the minimum they have to do? (4)

Answer 4

• Volunteers who are not legally qualified
• Sit in benches of 3 in the magistrates court and make up 80% of the judicial community
• No salary - but expenses
• Minimum of 26 half day sittings per year

Question 5

Who is responsible for appointing Magistrates? Since when? Who appointed them before?

Answer 5

• Lord Chief Justice

- Since 2013 - before they were appointed by the Lord Chancellor

Question 6

What’s the interview process for becoming a Magistrate? What happens in each step?

Answer 6

• At least two interviews before the Advisory Committee
• Interview 1 - assesses whether the candidate has the 6 key qualities, as well as their attitude to various aspects of criminal justice
• Interview 2 - tests a candidate’s judicial aptitude

Question 7

What are the 5 stages of training to become a Magistrate?

Answer 7

1) Initial training
2) Mentoring (and personal development log)
3) Core training (and workbook)
4) Consolidation training
5) First appraisal

Question 8

s11 of the Courts Act 2003 provides that the Lord Chief Justice can remove a lay magistrate from office for what? (3)

Answer 8

• On the grounds of incapacity or misbehaviour
• On the grounds of persistent failure to meet standards of competence
• If the lay justice is declining or neglecting to take a proper part

Question 9

What criminal cases do magistrates usually try? (6)

Answer 9

• Lesser serious assault
• Criminal damage
• Drink driving
• Football offences
• Traffic cases (no insurance, defective tyres etc)
• Environmental cases (pollution, health and safety, cruelty to animals)

Question 10

What percentage of all criminal cases do magistrates hear?

Answer 10

• 95%

Question 11

What do magistrates have to decide? (3)

Answer 11

• If someone is guilty or innocent
• Whether a defendant should be allowed to have bail
• The appropriate sentence when defendants either plead, or are found, guilty

Question 12

What civil cases do magistrates try? (4)

Answer 12

• Unpaid council tax
• TV license evasion
• Child custody and adoption
• Care orders for children

Question 13

What cases are only heard by experienced magistrates with special training? (2)

Answer 13

• Family cases

- Cases in the youth court

Question 14

What are the five requirements for becoming a magistrate?

Answer 14

Applicants must:

• be aged 18-65
• Not have any serious criminal convictions
• Not have been banned from driving in the past 5-10 years
• Not have been declared bankrupt
• Not work a job where there may be a conflict of interest (e.g police officer)

Question 15

How do candidates apply to become magistrates? (3)

Answer 15

• In response to advertisements
• Directly to the secretary of a local Advisory Committee
• To the Department for Constitutional Affairs

Question 16

What training do magistrates continue to take throughout their career? (4)

Answer 16

• Appraisals every 3 years
• Continuation training every three years
• Update training on new legislation and procedures
• Threshold training - accompanies each development in a magistrate’s role

Question 17

What has the steady decline in the number of magistrates been put down to? (3)

Answer 17

• Magistrates no longer hear cases on licensing and anti-social behaviour
• Crime is falling generally
• Many crimes are being dealt with using out of court disposals

Question 18

What are the advantages of having Lay Magistrates? (5)

Answer 18

• Better representation of society than judges
• They usually live in the area in which they sit
• Cheap as no salary (only expenses)
• Justice’s clerk means constant access to advice
• Very few appeals from the magistrates court (suggests that they’re doing a good job)

Question 19

What are the disadvantages of the magistrates’ court? (6)

Answer 19

• Some areas of society are very under represented (poorer class)
• Magistrates’ Courts have been closing which can cause problems of access for some people
• More representative than judges, but still “middle aged, middle class and middle minded”
• Low acquittal rate - may be prosecution bias
• Inconsistency in sentencing across different areas
• Rely heavily on Justice’s clerk

Question 20

What are the 6 key qualities that a magistrate should possess?

Answer 20

• Good character
• Understanding and communication
• Social awareness
• Maturity and sound temperament
• Sound judgment
• Commitment and reliability

Question 21

Who set out the 6 key qualities that magistrates should posses? When?

Answer 21

• The Lord Chancellor in 1998