Lay Magistrates

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  • Created by: shadia
  • Created on: 08-05-13 17:56
What is the Role of Lay Magistrates in Criminal Cases
They hear summary cases can imprison someone up to 6 months and can give a maxium fine of £5,000. They conduct transfer for trial procedings in indictable cases, conduct mode of trial hearings, act as a youth court and issue warrants for arrest etc
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The Clerk?
Solicitor or barrister of 5 years standing. Takes the plea, reads the charge and calls the case. In charge of advising magistrates on points of law and sentencing powers, not allowed to influence them.
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What Qualifications do Lay Magistrates need: Six Qualities
Sound judgement,mature,sound knowledge,fair,social awareness and commitment.
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Criteria for Appointment?
Must be aged between 18 - 65, must live and work within the commission area (5 mile radius), prepared to commit to 26 half days per year and have good character and be in good health.
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How do Lay Magistrates get put forward?
Recommendations put forward to the Lord Chancellor by the Local Advisory Committees. Those wanting to be nominated can be put forward by political parties, trade unions or can just complete an application form.
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First Interview Process?
Finding out about candidates personal attributes. Six Key Qualities and their attitudes on various criminal justice issues e.g. young offenders and drink driving
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Second Interview Process?
Tests candidates judicial apitude achieved by the discussion of two case studies.Once the interviews are completed the local advisory committee submit the names to the Minister for Constitutional Affairs.
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How can you be Disqualified from being a Lay Magistrate?
Those who's work is incompatible with sitting as a magistrate e.g police and Undischarged bankrupts.
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Training?
Lay Magistrates New Initiative Training, new magistrates provided with a mentor who is an experienced magistrate, new magistrates must keep a development log after one year this is checked.Other training: youth court training,annual refresher courses
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Advantages?
- Allows public to be allowed of criminal justice system - Social awareness of local area due to local people being used -No knowledge of law so have fresh approach - Its voluntary so cheap for taxpayer - Been used since the 13th century tradition
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Disadvantages?
-Ordinary members of the public which means they may know people - Local people used so could be some predjudice -No legal knowledge so have to rely on clerk - Voluntary so only going to get the people who can afford to do voluntary
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Card 2

Front

The Clerk?

Back

Solicitor or barrister of 5 years standing. Takes the plea, reads the charge and calls the case. In charge of advising magistrates on points of law and sentencing powers, not allowed to influence them.

Card 3

Front

What Qualifications do Lay Magistrates need: Six Qualities

Back

Preview of the front of card 3

Card 4

Front

Criteria for Appointment?

Back

Preview of the front of card 4

Card 5

Front

How do Lay Magistrates get put forward?

Back

Preview of the front of card 5
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