magistrates

• who are magistrates?

  They are lay people who are involved in the criminal justice system, with a role in and outside of court
• how many days per year do magistrates sit for?

  26 half days per year
• How many magistrates hear case?

  one chairman, and two wingmen
• What do legal advisors do for magistrates?

  because magistrates are not legally qualified, a legal advisor advises them on the law.
• what types of offences do magistrates hear cases of, and what proportion of defendants plead guilty?

  they hear summary offence cases- 90 % of defendants plead guilty
• what is the maximum custodial sentence a magistrate can pass?

  6 months
• what role do magistrates have in triable either way offence cases?

  They do mode of trial hearings, and hear some triable either way offence trials
• what does the criminal justice and public order act 1994 require magistrates do in indictable offences?

  Magistrates must conduct 'transfer for trial' proceedings in order to immediately transfer a case to the crown court
• what is the work outside of court for magistrates?

  Issue warrants to the police for search and arrest

  extend custody for a max of 4 days

  Sign legal documents

  Mentor new magistrates
• what is the roles of a legal advisor for magistrates?

  The legal advisor is a qualified solictor or barrister who has been for at least 5 years, they are the administrator of the court.

  they will also:

  • Call cases
  • Read charges
  • Takes plea
  • determines the defendant's eligibility for funding or representations
  • Liases with lawyers
• what is the age range of a magistrate?

  18 - 74
• What are the 8 key qualities of a magistrate?

  Good character

  Good understanding and communication

  Social awareness

  Maturity

  Sound temperament

  Sound judgement

  Committment

  reliability
• what other expectations do magistates have?

  To live and/or work near the court they will serve in

  Show a committment to serve atleast 26 half days a year

  Take the oath of allegiance
• who is disqualified from becoming a magistrate?

  Undischarged / bankrupt

  Members of the forces

  relatives fof those who work in the local criminal justice system

  Hearing impaired

  Close relatives to other magistrates on the same bench

  They who have serious criminal convictions

  The who have several minor convictions
• who appoints magistrates and under whose reccomendation?

  The senior presiding judge will appoint based on reccomendations made by the locla advisory committee
• How many interviews do potential magistrates go through?

  2
• What is dealt with in the first magistrate interview?

  It deals with personal attributes of the candiate, and to see if they have the key qualities.
• What is asked about in the first magistrate interview?

  The contents of the application form, general topics like criminal justice issues

  Knowledge of social issues of the general area. Questions on committment

  Observations when visiting the magistrate's court
• what is dealt with in the second magistrate's interview?

  It deals with the testing the candidates judicial aptitude. This involves looking at case studies.
• what occurs during the second magistrate interview?

  The candidate will undertake a ranking exercise in which they will be asked what they consider to be the four most serious offences from a list of ten. There will also be an exercise in which they discuss a fictional case study. A list of successful candidates is then sent to the senior Presiding Judge who appoints them from a list