• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

explain how magistrates are chosen and appointed

Extracts from this document...


Explain how magistrates are chosen and appointed - 15 marks Explain There are around 1500 new lay magistrates a year and they are recruited by the local advisory committee. The candidates that apply for being a lay magistrate are members of the public, this can be good for the courts as it is not paid work and they have local knowledge of the social situation, this is shown in the case of DPP -v- Bowman. However some of the limitations of the lay magistrates are that they are not trained in law and just use common sense, also, because of this, they tend to believe the prosecution team more than the defendants team. ...read more.


They are expected to be able to serve 26 half days a year and these are not paid. There are some certain factors that may dissuade the local advisory committee from picking some candidates, these include serious criminal convictions, members of the forces, seriously hearing impaired or too infirm to carry out duties. The appointment of a new lay magistrate can take upto six to twelve months. This is because the appointment process starts with an application form that the candidate must fill in. This is assessed by the LAC and if accepted the candidate will be called in to have an interview where they will be asked about their views on criminal justice issues. ...read more.


Magistrates will have access to a legal advisor in the court room, the legal advisor is fully qualified, however cannot influence the final decision on the verdict. If a legal advisor is seen to have influenced the decision (as seen in the case of R-v-Birmingham Magistrates ex parte Ahmed). After the application and interviews have been accepted by the Lord Chancellor, the candidate must go under 3 days (18 hours) of training. This course of training is designed by the Judicial Studies Board using the Magistrates National Training Unit. The candidate ?? ?? ?? ?? Sam Graham L6B2 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Lay magistrates rarely have any experience of the law before they are appointed

    and so it is necessary to give them some training to enable them to understand the nature of their duties, to give them an elementary knowledge of the law and the rules of evidence and to understand something of the nature and purpose of sentencing.

  2. Justices of the Peace - Magistrates Courts

    An individual candidate who is otherwise suitable will never be refused appointment because of his/her gender, ethnic origin, social class or (moderate) political views, but the Lord Chancellor and the advisory committees try to ensure a reasonable balance across the bench as a whole.

  1. Describe how lay magistrates are chosen and appointed.

    If they are an undischarged bankrupt or member of the forces, then they are also removed. You may also be disqualified if you are an MP or traffic warden. To become a lay magistrate a person is expected to fit 6 qualities needed to serve that position.

  2. The Law Relating to Negotiable Instruments

    (New Central Hall vs United Commercial Bank Ltd.6). In the case of a trader customer claiming damages, the rule of awarding damages is, 'the smaller the amount of the check wrongfully dishonoured the larger the amount of damages.'

  1. essay discussing the advantages and disadvanteges of lay magistrates

    Would you like to be put on trial by a group that didn't believe you so what ever you did, if the police say you did it you would get convicted. A case delt with by the magistrates court is on average much cheaper than if it is dealt with in the crown court.

  2. The Work of the Magistrates Court and Magistrates

    All summary offences are heard in the magistrates court. These are minor offences that can only be heard in the magistrates court. They are usually motoring offences but minor assaults and criminal charges of up to �5000 are also summary offences. A summary offence is not required by law to be sent to a higher court for trial by jury.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work