Magistrates

Question 1

Magistrates are lay people what does this mean?

Answer 1

Justice of the Peace Act 1316 established that magistrates do no require formal legal qualifications but have to do some training including court and prison visits. As well as justice clerks (lawyers) gives legal and procedural advice in court.

Question 2

What are magistrates role?

Answer 2

-Decide verdict and sentencing on summary and either way (less serious crimes) cases.
-hearing and deciding on bail applications
- commit cases to the crown court for trial
-try cases in the youth court
-hear appeals from local authorities regarding pub and restaurant licences

Question 3

What sentencing powers do magistrates have?

Answer 3

-fines up to £5000
-Community service
-conditional discharge i.e have to attend a course or licence taken.
imprisonment up to a year

Question 4

what is LASPO 2012?

Answer 4

Can give unlimited fines under certain circumstances

Question 5

what is the Judicial Review and Courts Act 2022?

Answer 5

Changed the amount of time that can sentence prison form 6 months to 1 year

Question 6

What do magistrates have to do after application?

Answer 6

-two interviews
>first assess attitude and key qualifications
>second gives case studies to test decision making skills
- then undergo training including prison and court visits and also mentoring.

Question 7

Who is disqualified?

Answer 7

-those found guilty of a serious crime
-those guilty of multiple minor offences
-driving ban in the last 5 to 10 years
-decleard bankrupt
-certain jobs (police,traffic warden) due to prior knowledge of law or driving offences.