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Magistrates (Role of Magistrates (Other Sentencing powers (Community…

- - - - Candidates personal attributes
      - 6 key qualities
      - Explores their views on various issues such as drink-driving
    - - Tests potential judicial aptitude
      - Looks at 2 case studies
- - - - Good character
      - Understanding and communication
      - Social awareness
      - Maturity and sound temperment
      - Sound judgement
      - Reliability
      - 'Judicial' qualities
      - Able to work in a team
  - - - The offence was comitted
      - The person charged lives
      - Witness live
      - Other cases w/ similar issues are
  - - - Bankrupt
      - Forces
      - Police officers and traffic wardens
- - - - Covers matters such as the administration of the bench and the role of the court
    - - Provides Mags w/ opportunity to acquire and develop skills, knowledge and understanding
    - - Involves observations of court sittings and prison visits
- - - - System involves the community and provides a wider section than the judiciary
      - True of women and ethnic groups
      - Small number of youths
    - - Have to work/live near court
      - Will have knowledge of problems in the local area
      - More awareness of local events, patterns of crime and local opinion
    - - Unpaid
      - Would cost £100 million to replace w/ lawyers and judges
      - Cheaper than the Crown
    - - Improved - not amatuers
      - Majority of decisions require common sense over training
    - - Clerks have to be experienced and qualified
      - High level of legal skill
      - Gives magistrates access to any legal points
      - Overcomes criticism that they are not qualified
    - - Few appeals
      - Mainly against sentencing and not guilt
      - 11,000 out of 1.5 million appeal - only 1/2 succesful
      - Usually not for law errors - less than 100
  - - - Often perceived
      - Average age over 50
      - Often from professional background
    - - Different areas pass different sentences
      - Has not improved despite training
      - 4x more likely to go to prison in some areas
    - - Shoulc offset lack of legal knowledge
      - Does not prevent inconsistent sentences as they cannot advise
      - Sometimes are relied upon to heavily
    - - More inclined to believe police
      - Training has tried to eliminate this
      - Courts outside London could see same CPS prosecutor
      - 20% acquittal rate compared to 60% in Crown