Magistrates
Qualification- 4
- 18-65
- Qualities
Reliable
Sound temperment
Mature
- No former qualifications
- 26 half days per year minimum commitment
Disqualification- 4
- Bankrupt
- Police officer or traffic warden
- Serious criminal convictions or any minor offences
- Relative working in enforcement or on the magistrates bench
Offences
Summary
Speeding
Soliciting
Animal cruelty
- Magistrates courts only
Either-way
ABH
Theft
Race hatred
- Magsistrates or Crown Court
Indictable
- Crown Court only
Perjury
Robbery
GBH
Selection- 5
- Application form or nomination by employer
- Interviews by Local Advisory Committee (LAC)
- Effort to balance the bench- make it fair and equal
- Appointment by Lord Chancellor or Minister of Justice on behalf of the Crown
- Swear oath of allegiance
Training- 6
- Governed by Courts Act 2003
- Overseen by Judicial College
- Visits to prisons
- Observation of trials
- Legal training carried out by Justice's clerk
- Induction
Strengths
- Low cost
- Justice for the people by the people
- Local knowledge
Public confidence in the system
- Good when there is limited availability of judges
- Reflective of the community
Weaknesses:
- Not legal experts, may struggle wit complex cases
- Likely to be mainly upper class as working class need to work
- Only 4% under the age of 40
- Ineffective, 1/3 fines were not paid
- Regional variation bias
Same crime of stolen goods, 4% convicted in Reading
40% convicted in South London
Work
Pre-Charge
- Authorising warrants for police search and arrests
- Extending detention in police custody
Pre-Trial
- Bail applications if the police refuse to do so
Bail Act 1976
- Funding
- Pre-trial review if a summary offence
- 'Plea before venue'- state whether pleading guilty or innocent, either-way offences
- 'Send for trial'- indictable offences
Trial
- Hearing evidence as bench of three
- Decide verdict beyond reasonable doubt
- Unanimous of majority decision
- Stating reason for decision in court
Advantages:
- Low cost compared to salary of a district judge
- Local knowledge and empathy
- Public confidence, very old system
- Represents the community well
Disadvantages
- Only 4% are under 40
- Only rich can volunteer
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