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explain how magistrates are chosen and appointed

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Introduction

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.

Middle

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.

Conclusion

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.

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