Magistrates

Question 1

What is a Lay Magistrate ?

Answer 1

A lay magistrate is an unqualified, unpaid, part time judge that sit in the magistrates court, they are normally assisted by a legal advisor.

Question 2

How many criminal cases do Lay Magistrates hear?

Answer 2

97% of all criminal cases from start to end and the remaining 3% are all heard at some form of preliminary level.

Question 3

What does the Sentencing Act 2020 tell us?

Answer 3

The max sentence a lay magistrate can give is up to 12 months imprisonment.

Question 4

What type of cases do lay magistrates hear?

Answer 4

All summary cases and most triable either way.

Question 5

Can any lay magistrate hear youth cases?

Answer 5

No, they must be specially trained and under 65.

Question 6

What administrative hearings do lay magistrates deal with ?

Answer 6

Signing warrants for arrest and warrants for searches, they also hear applications for police detention extensions.

Question 7

Who is the person who helps assist the lay mag with procedure?

Answer 7

A magistrates clerk- they do not help the lay magistrates decide on their verdict as they are qualified laywers.