Criminal Courts & Lay People: Magistrates Flashcards
How many magistrates are in England and Wales?
16,000
What are magistrates?
Unpaid, part - time judges
How many MC courts are in England and Wales?
330
What do they hear cases on?
A bench of 2 or 3
How many cases do magistrates try?
94% of all criminal cases
6% at a preliminary level
What do trials do magistrates hear?
Summary and majority of TEW,
At the end of the trial, what do the magistrates do?
Pass sentence
If magistrates don’t believe they have enough sentencing powers, what will they do?
Send the case to the Crown Court
What is the maximum sentence a magistrate can give?
A max of 6 months imprisonment
Unlimited fine
What are the different types of preliminary hearings?
Early Administrative Hearings
Remand Hearings
Bail Applications
What is an Early Administrative Hearing?
A pre-trial
Look at D’s plea
Offer legal aid
What are Bail Applications?
Application to be released until trial date
Must follow certain rules e.g., tag/curfew
What are remand hearings?
Bail hearing is rejected so you’re on remand
If bail not granted a second time, back in prison until court date
What is the Youth Court?
Specially trained magistrates deal with young offenders between 10-17 yrs old
Panel must usually include at least one woman and one man
What are appeals?
Magistrates sitting in the Crown Court to hear appeals from MC.
What do appeals consist of?
Two magistrates and one qualified judge
What happens in appeals?
All the evidence is heard again and then verdict is passed and sentence in needed
What are administrative hearings?
Magistrates hear warrant applications from police. Sign warrants so police can search private premises
Extende police detention period from 36-96 hrs
What is a magistrates clerk?
Legal advisor
Qualified barrister or solicitor for at least 5yrs
Guide magistrates on law, practice and procedure
Don’t assist in decision making
What are the qualifications of magistrates?
Aged between 18-70
Live or work in local justice area
Don’t have legal qualities
What are the 6 key qualities?
Good character
Understanding and communication
Social awareness
Maturity and sound temperment
Sound judgement
Committment and reliability
What judicial qualities are needed?
Must be able to take in all info and create justified decision
Must be able to work in a team
Must lvie or work in the local justice area
Committed to 26 half days a year
What are the restrictions for magistrates?
Serious convictions
Bankrupt
Work in forces
Closer relatives cannot be appointed to the same bench
What are the stages of the selection and appointment of magistrates?
Stage 1: Local Advisory Committee
Stage 2: The Interviews
Stage 3: Appointment
What is Stage 1: Local Advisory Committee?
Ensure a cross section of society
Made up of non, current and ex magistrates
Can apply directly or through newspaper
What happens in Stage 2: The Interviews?
1st Interview: Assesses attitudes and personality using the 6 key qualities
2nd Interview: Assesses potential judicial aptitude through discussion of two cases
What happens in Stage 3: Appointment?
LAC submits suitable names to Lord Chief Justice
Successful applicants sworn in Crown Court, can sit until 70yrs old
Expected to sit for a minimum of 26 half days
