Magistrates Flashcards

1
Q

Jurisdiction

A

Sentence - 6 month 1 offence
12 month 2
Fine unlimited
Grant bail
Community service

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2
Q

Role in summary offence

A

Hear full case until appealed

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3
Q

Role in tribable either way

A

Pre trail in mags
Mode of trail — depending on complexity, D preference or serious might hear all or go up to crown

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4
Q

Indictable

A

Pre trail hearing only
Bail
Guilty

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5
Q

Mags composition

A

3
Advised on law by clerk

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6
Q

3 points for role

A

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

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7
Q

3 points appointment and selections

A

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

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8
Q

Termination of magistrates

A

Resign
Misbehaviour
Incompetent
Over 70

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9
Q

What are magistrates

A

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

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