Role Magistrates

Question 1

Introduction

Answer 1

Magistrates page a key role in criminal cases there are about16000 magistrates sitting as unpaid par time judges in the 330 magistrates courts in England and wales they can hear a case as a bench of 2 or 3

Question 2

Sub headings on the role of magistrates

Answer 2

Number of cases heard
Decide guilt
Sentencing
Preliminary hearings
Youth court
Appeals
Adminstrative hearings
Magistrate’s clerk

Question 3

Number of case heard

Answer 3

Magistrates try 94%of all criminal cases and other 6% at preliminary level as indictable offences will be transferred to the crown court

Question 4

Decide guilt

Answer 4

Magi’s hear trials for summary and the majority of triable either way offences during the trial their role is to decide whether they are guilty or not guilty and then pass verdict

Question 5

Sentencing

Answer 5

At he end of the trial if the defendant pleads guilty or not guilty the magistrates will have the role of passing sentence alternatively if they do not believe they have enough sentencing powers they will send the offender up to the crown court for a higher sentence the maximum sentence a magistrates can give is6 months for 1. Offences and 12 months for 2 offences and give an unlimited fine

Question 6

Preliminary hearings

Answer 6

Early addminstartive hearing- defendant gets to tell the court what the facts of the case are the facts are recorded befor the main traial
Bail application- the defendant applies to be released from custody before trial
Remand hearings- at this point bail has been refused once whilst the application is being considerd the defendant will stay remand

Question 7

Youth court

Answer 7

Some magistrates are specially trained to be able to deal with young offenders aged between 10-17 years they will sit in youth court to hear these cases and the panel must usually include at least one man and one woman

Question 8

Appeals

Answer 8

Magistrates also sit in the crown court to hear the appeals from the magistrates court in these cases two magistrates form a panel with a qualified judge they hear all the evidence again and then pass verdict and sentence if required

Question 9

Adminstrative hearings

Answer 9

Magistrates hear warrant application from the police they will sign the warrant to give the police permission to search private premises furthermore magistrates will hear application to extend suspects detention period from 36 hours to a possible 96 the magistrates will either grant the extension or refuse it

Question 10

Magistrates clerk

Answer 10

Ever bench is assisted y a a clerk also known as a legal advisor the senior clerk in each court has to be qualified solicitor or barrister for at least 5 years they guide the magistrates on law practise and procedure which was set out in s.28(3) of the justice of the peace act 1979 they do not assist in the decision making but can deal with routine administrative matters such as issuing warrants for arrest and extending police bail