Test Preparation

Purpose

The purpose of this report is to provide general feedback on candidate performance in the qualifying test for the District Judge (Magistrates’ Courts) 2015 selection exercise. The report describes how the Judicial Appointments Commission (JAC) developed the test and marking schedule, and how the test was structured.

Additionally, it provides information on the overall performance of candidates in the test, identifying areas where they performed well and where they performed poorly.

Test Preparation

The questions in the test paper addressed a range of different situations that a District Judge (Magistrates’ Courts) is likely to come across in practice. Candidates were asked to familiarise themselves with, or have available, the following provisions:

ss.51 and 51A Crime and Disorder Act 1998

ss. 3 -7, 83 and 111 Powers of Criminal Courts (Sentencing) Act 2000

Schedule 1 Bail Act 1976

ss. 6 – 11 Criminal Procedure and Investigations Act 1996

ss. 17 and 25, and Schedule 1, Magistrates’ Courts Act 1980

s.35A Road Traffic Offenders Act 1988

Consolidated Criminal Practice Direction, particularly parts I and II

Youth Justice and Criminal Evidence Act 1999

ss.114 – 118, 265 and also Schedule 12 Criminal Justice Act 2003

ss.19 and 19A Prosecution of Offences Act 1985

Sentencing Council definitive guideline on Assault

Competencies

The skills to be tested by means of the qualifying test were:

Exercising Judgement

• Makes decisions by applying the relevant law and procedure, and showing the appreciation of the impact of the decision
• Acts with integrity in making appropriate decisions in challenging situations
• Demonstrates independence of mind
• Ensures fairness; is neither biased or prejudiced
• Encourages parties to reach an agreement where appropriate
• Makes any necessary decisions with confidence, in a timely and appropriate manner

Possessing and Building Knowledge

• Demonstrates knowledge of law and procedure in the Magistrates’ jurisdiction
• Demonstrates the ability to acquire further knowledge
• Keeps abreast of changes in law and embraces new court processes and procedures
• Is motivated towards, and actively pursues, continuous learning and personal development

Assimilating and Clarifying Information

• Demonstrates speed and flexibility in assimilating and processing large amounts of information from multiple sources
• Critically analyses the information and applies appropriate weight to it
• Does not prejudge; remains open to further developments in the case.
• Identifies and focuses on the relevant issues and thereby encourages others to do so; avoiding irrelevant detail
• Properly applies appropriate legal rules and principles to the relevant facts and submissions
• Evaluates and balances the evidence in order to reach a reasoned decision.

Working and Interacting with Others

• Accommodates individual needs in order to ensure a fair hearing
• Provides all parties with a fair opportunity to present evidence and participate fully in the hearing
• Shows an awareness of the diversity of different communities, and sensitivity to their particular needs
• Provides direction and ensures that hearings are conducted lawfully and in accordance with court procedures
• Demonstrates an appropriate demeanour at all times
• Demonstrates an ability to recognise and manage circumstances in which emotions and behaviours of others may otherwise affect the fairness of the hearing
• Demonstrates the ability to work constructively with others

Test format

The testwas in three parts comprising61 multiple choice questions with a maximum score of 76.

Part 1. Situational Judgement (16 questions) - Possible marks 25.

Competencies to be tested: Exercising Judgement and Working and Interacting with Others

Part 2. Technical (30 questions) - Possible marks 34.

Competencies to be tested: Possessing and Building Knowledge, Exercising Judgement, and Assimilating and Clarifying Information.

Part 3 Critical Analysis (15 questions) - Possible marks 17.

Competencies to be tested: Assimilatingand Clarifying Information.

The test was ‘live’ over a period of 14.5 hours between 07.30 and 22.00 onWednesday 8 July 2015. Candidates could start the test at a time of their choosing, but had to complete it in a single, unbroken sitting, keeping within the permitted 80 minute limit.

Development of the Test

The test was devised by three serving District Judges.

In common with all qualifying tests used by the JAC, both the test and marking schedule were subject to an extensive quality assurance process. The effectiveness of the test was assessed by means of a dry run with a range of volunteer lawyers and judges. The JAC’s Advisory Group, which is composed of representatives from the judiciary as well as representatives of the legal professions, also offered advice and guidance during its development.

Marking of the Test

The online test scripts were marked using automated software.

Moderation

In line with JAC policy, a decision was made to shortlist candidates for interview on a ratio of 3:1.

Distribution of Marks

The maximum score available in the test was 76. The highest scoreattained in the test was 63 and the lowest score was 19. The full distribution of scores in the test can be seen in the chartson page 5 of this report.

The weakest section was Part 1 in which only 52% of candidates attained the average score or above. Parts 1 and 2 were equal, with 64% of candidates attaining the average score or above in each section.

Full questions and answers

The full version of the qualifying test along with the correct answers can be found from page 6 of this report.

District Judge (Magistrates’ Courts) 2015

Qualifying Test – Instructions to Candidates

Thank you for your application for the District Judge (Magistrates’ Courts) 2015 exercise. As published in our information page ( the shortlisting process is an online multiple choice qualifying test which all candidates must sit.

The test will be hosted on the JAC website and will be available to take on:

Wednesday 08 July 2015 from 07:30 to 22:00.

Please find below guidance on preparing for the test.

Test Preparation

The questions in the test paper address a range of different situations that a District Judge (Magistrates’ Courts) is likely to come across in practice. As published in our information page, you will need to be familiar with, or have available, the following provisions:

• ss.51 and 51A Crime and Disorder Act 1998
• ss. 3 -7, 83 and 111 Powers of Criminal Courts (Sentencing) Act 2000
• Schedule 1 Bail Act 1976
• ss. 6 – 11 Criminal Procedure and Investigations Act 1996
• ss. 17 and 25, and Schedule 1, Magistrates’ Courts Act 1980
• s.34A Road Traffic Offenders Act 1988
• Criminal Practice Direction[2015] EWCA Crim 430, particularly CPD I 3D to 3G; and CPD II 16 ( )
• Youth Justice and Criminal Evidence Act 1999, chapter IV
• ss.114 – 118, 265 and also Schedule 12 Criminal Justice Act 2003
• ss.19 and 19A Prosecution of Offences Act 1985
• Sentencing Council definitive guideline on Assault

Test format

The duration of the test is 80 minutes.

For each of the questions, you are required to indicate your choice of answer by selecting a tick box. You should attempt to answer every question.

The test has been developed to test the following competencies:

Exercising Judgement

• Makes decisions by applying the relevant law and procedure, and showing the appreciation of the impact of the decision
• Acts with integrity in making appropriate decisions in challenging situations
• Demonstrates independence of mind
• Ensures fairness; is neither biased or prejudiced
• Encourages parties to reach an agreement where appropriate
• Makes any necessary decisions with confidence, in timely and appropriate manner

Working and Interacting with Others

• Takes individual needs into consideration in order to ensure a fair hearing
• Provides all parties with a fair opportunity to present evidence and participate fully in the hearing
• Shows an awareness of the diversity of different communities, and sensitivity to their particular needs
• Provides direction and ensures that hearings are conducted lawfully and in accordance with court procedures
• Demonstrates an appropriate demeanour at all times
• Demonstrates an ability to recognise and manage circumstances in which emotions and behaviours of others may otherwise affect the fairness of the hearing
• Demonstrates the ability to work constructively with others

Possessing and Building Knowledge

• Demonstrates knowledge of criminal law and procedure
• Demonstrates the ability to acquire further knowledge
• Keeps abreast of changes in law and embraces new court processes and procedures
• Is motivated towards, and actively pursues, continuous learning and personal development

Assimilating and Clarifying Information

• Demonstrates speed and flexibility in assimilating and processing large amounts of information from multiple sources
• Critically analyses the information and applies appropriate weight to it
• Does not prejudge; remains open to further developments in the case.
• Identifies and focuses on the relevant issues and thereby encourages others to do so; avoiding irrelevant detail
• Properly apples appropriate legal rules and principles to the relevant facts and submissions
• Evaluates and balances the evidence in order to reach a reasoned decision.

The test is in three parts.

Part 1: Situational Judgement

This part is designed to assess how you would handle situations you might encounter in the role of a District Judge (Magistrates’ Courts).

Competencies to be tested: Exercising Judgement and Working and Interacting with Others

Part 2: Technical

Competencies to be tested: Possessing and Building Knowledge, Exercising Judgement, and Assimilating and Clarifying Information.

Part 3: Critical Analysis

Competencies to be tested: Assimilatingand Clarifying Information.

PART 1. Situational Judgement (16 questions)

You must choose one answer to each question.

1. You are sitting in a remand court and the first case is called on. The defence solicitor makes an application that the defendant's home address is not read out in open court as his client is a serving police officer with the rank of Inspector therefore disclosure of his home address could lead to problems in the local community for him and his family. He is charged with the offence of dangerous driving. The advocate for the CPS tells you that they take a neutral view of the application.

Do you:

(a)Retire to consider the application, then announce your decision with reasons

(b)Adjourn with a direction for skeleton argument

(c)Enquire whether the press representative in court has any observations, then announce your decision with reasons. [1 mark]

(d)Announce your decision after consulting your Legal Adviser in open court and say that if requested you will give written reasons later in the day

2. You have retired to consider sentence in respect of a local politician who has pleaded guilty to knowingly making a false declaration on an electoral form, there were several members of the press in the courtroom and a packed public gallery. You have asked your legal adviser to accompany you. A few minutes later as you are writing down your sentencing remarks, your usher comes into the retiring room and tells you that she has a note from a reporter which he asked her to hand to you.

Do you:

(a)Take the note and read it

(b)Ask her to hand the note to the Legal Adviser to read and then ask him if he thinks that you should know the contents

(c)Tell the usher to return the note unopened to the member of the press, telling her to say to him when doing so that the Judge refused to read it. [1 mark]

(d)Ask the Legal Adviser to keep the note until after you have sentenced the defendant.

3. The usher calls on the case of Stanislaw Stasic charged with driving without insurance. Two men enter the courtroom, they stand just inside the entrance and one says to you "Do you recognise my inalienable rights?" You ask him if he is Stanislaw Stasic, he repeats the same question and remains standing in the doorway.

Do you:

(a)Tell him to leave the courtroom unless he is the defendant

(b)Tell him that if he refuses to identify himself then you will assume that the defendant Stanislaw Stasic is not present and proceed in the absence of the defendant. [1 mark]

(c)Tell him to sit down in the public gallery and not interrupt the proceedings, telling the usher to call the next case.

(d)Retire to avoid further confrontation, asking the Court Associate to speak to the man at the back of the court to establish his identity.

4. An unrepresented adult defendant appears in custody charged with threatening behaviour contrary to section 4 Public Order Act. He tells your court associate that he is happy to proceed without a solicitor and pleads guilty. His demeanour troubles you as he is staring at the wall making no eye contact with any person. The prosecution say that he was one of a group of drunken males hurling bottles at security guards in the city centre the previous day, the defendant gave a no comment interview in the presence of an appropriate adult and was held in custody overnight as he had no settled address. He has several previous convictions for violence and disorderly behaviour in the past five years, receiving fines or community orders on each occasion. You ask the Defendant if he accepts the prosecution facts and appears confused saying "I don't know. I will if you think that I should, I just want to get this over with".

Do you:

(a)Reject the plea and having satisfied yourself that he has an address grant him bail for two weeks with a condition of residence suggesting that he obtain legal advice prior to the next hearing

(b)Explain that you have concerns about his plea, that you want him to see the Duty Solicitor and return him to the cells; then ask the usher to bring the Duty Solicitor into court and explain to her that you want her to check the defendant’s level of understanding of the proceedings. [1 mark}

(c)Explain that you cannot accept the plea, have a not guilty plea entered on the register and fix a trial date, dealing with all case management issues including completion by him of the Case Management form and having satisfied yourself that he has an address, bail him with a residences condition to the trial date.

(d)Accept the guilty plea, adjourn for pre-sentence reports having satisfied yourself that he has a fixed address and suggest he is legally represented as he is facing a custodial sentence.

5. At your pre court briefing you are told by your Court Associate that you have three trials in your list that morning each has been given a two hour time estimate. They are: 1) a trial of a section 39 assault upon a partner in a domestic context and the complainant has attended: 2) an allegation of breach of an antisocial behaviour order by an eighteen year old defendant where the witnesses are 5 police community support officers and: 3) an allegation of driving a vehicle with excess alcohol which has been listed on two previous occasions. All defendants are on bail. You go into court where the prosecuting lawyer and the three defence advocates tell you that they are ready to proceed, no change of plea by any defendant and the time estimates are correct. If you adjourn any case then you are advised that the next available trial date is eight weeks away. Your Court Associate points out that in the afternoon you are listed in a sentencing court with 9 reports cases. It is now 10.15.

All four of the decisions below are open to you, please select your preferred option.

Do you:

(a)Decide to hear all three cases, fix the order as section 39, excess alcohol and then breach of ASBO, requesting the court associate to tell the listing officer that the afternoon list is dealt with by a lay bench. [2marks]

(b) Adjourn the section 39 and ASBO breach, hear the excess alcohol matter explaining that it is a priority trial having been listed on two previous occasions. [1mark]

(c)Decide to hear the section 39 trial first then the excess alcohol matter, adjourning the ASBO trial to the next available trial date asking the court associate to warn the listing officer that you may not be able to start that list at 2pm but requesting that all probation reports are delivered to your room at 1pm. [4marks]

(d)Decide to hear the excess alcohol trial first then tell the other two advocates that they should return at 12 noon when you will announce your decision on whether their cases can proceed today. [3marks]

6. At 9.50am you are told by your Court Associate that you are no longer sitting in the main remand court as you are required to hear a one day appeal from the licensing committee in relation to refusal of a premises licence. She says that she will go into court and see if the parties are ready to proceed. She returns five minutes later handing you a 700 page bundle from the Appellants and skeleton arguments from both parties. You are also told that there was a direction endorsed on the file that the bundle and skeleton arguments be lodged with the court 14 days prior to the hearing but they were only received at 2pm the previous day. It is now 10 o'clock.

All four of the decisions below are open to you, please select your preferred option.

Do you:

(a)Tell your court associate to go into court and tell the advocates that you will need to read the papers and that the hearing will start at 11.30am. [3 marks]