magistrates (p.1 s.b)

Question 1

what is a magistrate?

Answer 1

magistrates are volunteers who hear cases in courts in their community

Question 2

what is the role of magistrates?

Answer 2

•to hear and decide on criminal cases
•to determine guilt or innocence and pass sentences up to a maximum of 12 months under the judicial review and courts act 2022
•or they can fine up to £5000 as outlined in the magistrate’s courts act 1980

Question 3

who appoints magistrates?

Answer 3

the lord chief of justice

Question 4

courts act 2003

Answer 4

magistrates are expected to serve for a minimum of 13 days a year and attend regular training and development sessions

Question 5

advantages of magistrates

Answer 5

•local knowledge- magistrates are appointed from the local community, which means they have the understanding of the local areas, culture and issues that might affect the case
•diversity- magistrates are selected from a diverse pool of candidates which ensures its representative - 56% of magistrates are women in 2019
•cheaper then judges - the cost to pay judges would cost roughly £100m a year

Question 6

disadvantages of magistrates

Answer 6

•lack of expertise compared to judges- magistrates are not legally qualified and may lack the expertise to make complex decisions
•lack of diversity- despite efforts to ensure diversity under 1% of magistrates are under 30 in 2020
•limited sentencing powers- magistrates are limited in their sentencing powers which means they can impose sentences that reflect the seriousness of the offence

Question 7

magistrates - civil cases

Answer 7

magistrates also hear SOME civil and family cases involving:
•unpaid council tax
•tv licence invasion
•child custody and adoption
•care orders for children