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Magistrates (Evaluation (Thorough training = prepares them for their role.…
Magistrates
Evaluation
- Thorough training = prepares them for their role.
- Mentoring system guarantees trainee receives training they specifically need
- Training syllabus = all trained the same way
- Training demands are heavy for the volunteer role.
- variations in practice due to regional based training
- Criticisms that magistrates rely too much on their legal adviser
Evaluation
- Local knowledge - local court avoids need to travel a distance, sit in area the live.
- Few appeals - high rate of convictions only 22% of those who plead not guilty are acquitted versus 60% in crown court
- cost - magistrates = unpaid volunteers. crown court costs £3,000 per day versus £900 in magistrates
- representative - cross section of community, balanced bench
- Not representative - problem of shrinking magistracy makes it difficult to achieve a balanced bench. Not in age - 85% over 50, 3% under 40 25% retired.
- Some magistrates are too heavily reliant on advice of clerk
- lack of legal training - works complex, do magistrates truly understand complexities of law
Qualifications :
- age = 18-65
- must be in good health, able to commit to 26 half days a year
- either live or work within reasonable travelling distance from their court
Ineligible = eg person with a criminal conviction
Must have 6 key qualities set by Lord Chancellor eg good characters, commitment, reliable, mature.
Selection + Appointment by Local Advisory committee, appointed by lord chancellor. LAC must try to ensure a balanced bench in terms of age, ethnicity etc.
Training:
- Syllabus = drawn up by judicial college, training delivered by magistrates clerk
- Initial training - undertake prison visit, observe 3 court sessions, 18 hours of initial training introduction to law, procedure etc.
- Allocated mentor + keep a personal development log. Mentor will observe them in court, review progress. Within 2 years must satisfy 4 areas of competence eg ability to follow basic law.
- participate in continuous training throughout career
Dismissal + Retirement :
- Magistrates can be removed on grounds of incapacity or misbehavior eg get a criminal record.
Work/Jurisdictions: - Preliminary Hearings - applications regarding custody extensions, arrest and search warrants, bail hearings
- Summary Offences - if d leads guilty case is normally heard on same day, pleading not guilty then there'll be an adjournment while case i prepared, could be pre-trial review before actual trial
- Triable either way offences - enter plea of guilty/not
- Indictable offences - preliminary matters, transfer proceedings to crown court
Role + Function: - Criminal cases - hears 96% of all cases, must listen to evidence, ask questions, decide facts + consider verdicts decided by majority ruling, reasons are given and a sentence is decided max for 1 offence = 6 months
- Youth court - offenders 10-17, specially trained magistrates
- Civil jurisdictions - family matters, children matters, license appeals
- Appeals in crown court - 2 magistrates sit alongside a judge to hear appeals from magistrates to crown court
- Legal adviser - solicitor of 5 years experience advises on law + procedure, in charge of running court + training magistrates