law- magistrates court Flashcards
lay magistrates
magistrates court
it is the lowest court in the criminal and civil cases.
it handles or deals with minor cases such as speeding.
they handle cases such as known as summary offences.
what are the punishments of the magistrates court?
up to 6 months in prison (or up to 12 months in total for more than one offence) a fine.
a custodial sentence of between five days and 12 months.
a suspended sentence.
a community order.
a fine.
an order for compensation.
disqualification or banning orders, for example a driving ban.
what do magistrates do in summary offences?
they decide whether the case is sufficiently serious to be heard in the Crown Court.
Can a magistrates court give a suspended sentence?
the judge or magistrates may choose to suspend the sentence for up to two years.
What are lay magistrates?
they are unpaid and not legally qualified judges hear cases in magistrates court.
why do we need to lay people on the local advisory commitee?
to ensure the most suitable individuals on the basis of their characteristics.
role of magistrates
lay magistrates also sit in the crown court to hear the appeals from the magistrates court.
2 new lay magistrates form a panel with a qualified judge.
training of magistrates
the training of magistrates is supervised by the magistrates committee of the juidical college.
3 areas the training is divided into
Initial Introductory Training: this covers such matters as understanding the organisation of the bench and the admistration of the court.
core training: this provides the new magistrate with the opportunity to acquire and develop they key skills, knowledge and understanding required of a competent magistrates.
activites: these will involve observation of court sittings and visits to establishments such as a prison or a probation office.
training of existing magistrates
it is a continues training and takes place every 3 years followed by an appraisal to ensure that they are maintaining the 4 key required.
Magistrates sit in benches of three, made up of two wingers and a presiding justice who receives special training to act as chair.