Magistrates - Roles

Question 1

Pre - trial

Answer 1

• Deal with applications for remand
• Issue warrants
• Issue summons
• Extend time police can hold a suspect
• Refer indictable offences to Crown court for trial

Question 2

During trial

Answer 2

• Hear summary and triable either way cases
• Listen to evidence
• Take legal advice from court clerk
• Reach a verdict (alone with aid of court clerk e.g. R v Eccles Justices ex parte Farrelly where Queen’s bench quashed D’s conviction as clerk participated in reaching a verdict)
• Hear cases in the youth court

Question 3

Post trial

Answer 3

• Sentence D if found guilty
  OR
• Transfer case to Crown court for judge to sentence D
• Can hear appeals against sentence or conviction in the Crown court with a qualified judge