Dexcrine The Role Of Lay Magistrates Flashcards
What is the role of lay magistrates?
Lay magistrates are unpaid and sit for at least 26 half days per year.
How do lay magistrates sit in court?
They sit as a Bench of 3: a Chairperson and 2 less experienced ‘wingers’.
What percentage of criminal matters do magistrates deal with?
Magistrates deal with approximately 95% of all criminal matters.
Where do all cases first appear?
All cases first appear at the Magistrates’ Court.
What do magistrates consider during the preliminary hearing?
Magistrates consider legal representation, legal funding, and bail applications under the Bail Act 1976.
What grounds may magistrates refuse bail?
Magistrates may refuse bail if there is a risk the defendant will fail to turn up to court.
What are summary offences?
Summary offences are less serious offences, such as assault and most driving offences, dealt with in the Magistrates’ Court.
What happens if a defendant pleads guilty in a summary offence?
If the defendant pleads guilty, the magistrates will decide on the sentence there and then.
What are triable either way offences?
Triable either way offences are middle range offences that can be heard in either the Magistrates’ Court or the Crown Court.
What is a plea before venue hearing?
It is a preliminary hearing where if the defendant pleads guilty, the magistrates may sentence or send to the Crown Court for sentencing.
What is the maximum sentence magistrates can impose under the Powers of Criminal Courts (Sentencing) Act 2000?
Magistrates can sentence an offender to a maximum of 6 months imprisonment for one offence or 12 months for consecutive offences, and/or up to a £5000 fine.
What recent update allows magistrates to issue longer prison sentences?
Magistrates can now issue prison sentences of 12 months for a single offence to help deal with pandemic backlog.
What does the Legal Aid Sentencing and Punishment of Offenders Act 2012 provide?
It gives additional powers to issue higher penalties for offenders who have committed ‘Level Five’ summary offences.
What are indictable offences?
Indictable offences are the most serious offences, such as murder and S.18 of the OAPA 1861 (GBH/wounding with intent), where the trial is heard in the Crown Court.
What happens after a preliminary hearing in magistrates’ court?
The magistrates will send the case to the Crown Court.
What is the role of magistrates at trial?
Magistrates listen to all the evidence, with assistance from the Justices’ Clerk, and then decide the verdict.
What do magistrates do if they find the defendant guilty?
They proceed to sentence the defendant or send the case to the Crown Court for sentencing if they do not have sufficient powers.
Who hears criminal cases in the Youth Court?
Specially nominated and trained magistrates work in the Youth Court to hear cases involving young offenders between 10-17 years old.
What is the role of magistrates in the Crown Court?
Magistrates sit in the Crown Court with a professional judge to hear appeals from the Magistrates’ Court.
What powers do magistrates have regarding police requests?
Magistrates can grant search or arrest warrants requested by the police.
