magistrates + criminal courts

Question 1

What are the ages for the youth court?

Answer 1

10 - 17

Question 2

What are considered indictable crimes?

Answer 2

Serious crimes
- murder, rape, burglary.

Question 3

What can the magistrate court do?

Answer 3

Sentence - for up to 6 months custody
Issue unlimited fines
bans
community orders
Passing sentence - send the case up to the crown court if they feel it is too powerful for them

Question 4

How do magistrates decide guilt?

Answer 4

Hear Trials for Summary
Decide whether they are guilty or not guilty
Pass Verdict

Question 5

What is a ‘triable either way’ offence?

Answer 5

An offence where the verdict could go either way, guilty or not guilty. For example, theft

Question 6

Magistrates hear ___% of criminal cases, and try __% of all criminal cases.
The other __% go to the crown court.

Answer 6

100%
94%
6%

Question 7

define early administrative hearing for all offences

Answer 7

Handle non guilty pleas. In cases where the defendant is charged with an offence, triable either way, magistrates hearing the case under initial procedure will decide if the court is appropriate for the case. This is how 100% of cases go through the magistrate court.

Question 8

Define Bail Applications

Answer 8

magistrates will decide whether the defendant should be allowed to wait for trial outside of prison/custody

Question 9

Define Remand Hearings

Answer 9

where bail is refused, the defendant can apply to the magistrates again for them to decide whether the defendant should be released from prison to wait for their trial.

Question 10

Describe the magistrates bench.

Answer 10

2-3 magistrates will sit in the court and hear the case and decide on the verdict.

Question 11

Define appeals under the role of magistrates

Answer 11

magistrates also sit with the crown court to hear appeals from the magistrates court. In these cases, two magistrates form a panel with a qualified Judge. They hear all evidence again and then pass verdict and sentence if required.

Question 12

Qualities of a magistrate:

Answer 12

• Of good character
• Of sound temperament
• understanding + communication
• Of sound judgement
• commitment + reliability
• social awareness

CANNOT:
have a sentence of over 5 years, be in debt, have a job with a conflict of interest such as a journalist or a policeman.

Question 13

Max punishment a magistrate can issue:

Answer 13

Unlimited financial fine (however they have guidelines), Up to 6 month custodial.