Lay Magistrates 2 Flashcards
What 2 categories do magistrates hear?
Summary (assault) and triable either way (ABH)
The remaining category of offences are indictable. These are not tried by the Magistrates, however Magistrates will be involved in preliminary trials at the Crown Court.
What happens when a suspect does not pose a danger?
When a suspect does not pose a danger to the public, they hear applications for appeal; they can grant unconditional bail or impose conditions of a bail e.g. curfew.
What happens when a suspect is potentially dangerous?
When a suspect is potentially dangerous, they will hear an application for remand.
What if the police want to keep suspects for longer?
Should police wish to keep a suspect longer, they will apply to Magistrates for an extension.
What if the police want to search someones property?
If police want to search a person’s property, they will ask Magistrates to issue a warrant or if someone is being called to attend a hearing, Magistrates will issue a summons
Who else can Magistrates try?
Suspects between the ages of 10-17 are tried by Magistrates in Youth Court.
What do Magistrates do before sentencing?
Magistrates will spend their time listening to evidence getting advice from the legal adviser and reaching a verdict.
What happens when they find a defendant guilty?
If Magistrates find D guilty, they will have to sentence D. However, if their powers are insufficient, they can send D to Crown Court to be sentenced there.
Where else do Magistrates sit?
Magistrates also hear appeals against sentence or conviction in the Crown Court (with a judge)
At what age do Magistrates have to retire?
70
Who can remove Magistrates from office?
Lord Chancellor
Under what Act can a Magistrate be removed?
Courts Act 2003
On what ground can they be removed?
1) Incapacity or misbehaviour
2) Persistent failure to meet competence standards of competence
3) Neglecting to participate in roles as a Magistrate
