Lay Magistrates Flashcards
What are the 6 key qualities a lay magistrate must have?
- Good character
- Understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound judgement
- Commitment and reliability
Do lay magistrates need any qualifications in law?
No, but if they do have it then it is seen as a bonus.
Do lay magistrates get a salary?
They don’t, but they do receive travel, food and financial loss allowance.
What is the age range to legally be a lay magistrate?
18-65 to be appointed, but have to retire at 70.
In criminal cases what offences are tried?
All summary offences and triable either way offences
In criminal cases what do they sentence?
Sentence those who plead or are found guilty. They can sentence community orders and sentence the defendant to 6 months for one offence and 12 for two.
in youth court what is the role of magistrates?
The panel must include one male and one woman, and they are specially nominated and trained. All defendants are between 10-17 years old. Hearings are usually informal and private.
What is the role of magistrates in appeal hearings?
They form a panel with a qualified judge. Can sentence defendant if found guilty of an appeal. They can sit in the crown court to hear appeals from the magistrates court
What is the role of magistrates in indictable offences?
When the defendant is charged with an indictable offence, the first hearing will be in the magistrates court then is transferred to the crown court.
what is the role of magistrates in criminal cases?
Can decide whether the defendants can be granted bail. They deal with all preliminary matters such as remand hearings and early administrative hearings.
what is the role of the magistrates for triable either way offences?
The magistrates will conduct a plea before venue hearing and then decide whether the case is to be tried at the magistrates court or the crown court depending on the outcome of the mode of trial.
what is the role of the magistrates in summary offences?
Magistrates deal with the case from start to finish. They will hear evidence from the prosecution and defence and any legal arguments and decide whether the defendant is guilty or not.
If the defendants found guilty, they will decide on a sentence. If the offence the defendant is found guilty of is a serious level 5 offence, then they can impose an yunlimited fine.
