Magistrates Role

Question 1

What are the four main functions?

Answer 1

Applications for bail - 1976 - and legal aid

Try all summary and most either way offences

Appeals - against conviction from the magistrates to the Crown Court

Arrest and search warrants

Question 2

What do legal advisers do?

Answer 2

• they decide facts
• they interpret law
• they convict and decide sentence
• they also fine or compensate

Question 3

Indictable Offences?

Answer 3

S.51 crime and disorder act 1998 - adults appearing in the magistrates court shall ‘be sent forthwith’ to Crown

If the defendant submits no case to answer - judges in the Crown Court will deal with this pre-trial (before it was mags.)

Question 4

Criminal powers?

Answer 4

Maximum sentence - six months

12 months for two or more charges

Unlimited fine

Criminal Justice act 2003- from 2006 magistrates can increase sentences to 12 months for single offence

Question 5

Youth Court?

Answer 5

It is less formal than adult courts

Three magistrates and justices clerk

Magistrates must have additional training and must have mixed gender bench

Question 6

The general rules of the youth Court

Answer 6

Parents or guardians must be present

You may have a legal representation or a social worker

It is held in private and defendant’s name is not disclosed

Question 7

Criminal Jurisdiction?

Answer 7

Lay Magistrates usually sit in groups of three