Magistrates Flashcards
Jurisdiction
Sentence - 6 month 1 offence
12 month 2
Fine unlimited
Grant bail
Community service
Role in summary offence
Hear full case until appealed
Role in tribable either way
Pre trail in mags
Mode of trail — depending on complexity, D preference or serious might hear all or go up to crown
Indictable
Pre trail hearing only
Bail
Guilty
Mags composition
3
Advised on law by clerk
3 points for role
Pre trail - bail guilty plea - where triable either way
Sentence - unlimited fine, 6 or 12 months
Decide guilt - advised by law clerk - beyond all reasonable doubt - case hardened
3 points appointment and selections
Local - 15 miles - local knowledge
Personality and mentally competence - fair and just - only serve for 5 years, no criminal record
Cannot be in specific role - police army , related to person in court - no bias
Termination of magistrates
Resign
Misbehaviour
Incompetent
Over 70
What are magistrates
Case hardened
Here many similar cases and start treating them all the same without taking into account all parts of each case
Jury’s only do 1% of criminal trials