Role Of Lay Magistrates Flashcards
What is the usual composition of a magistrates’ bench?
A Chairperson and two ‘wingers’ (less experienced magistrates).
What percentage of criminal cases do magistrates deal with?
Approximately 95% of all criminal cases.
What happens at the preliminary hearing in the Magistrates’ Court?
Magistrates deal with legal representation, funding, and bail under the Bail Act 1976.
Name a reason bail can be refused under the Bail Act 1976.
If there’s a risk the defendant will fail to appear in court.
What is an example of a conditional bail?
A curfew order or requirement to stay at a certain address.
What are summary offences and where are they tried?
Less serious offences (e.g. assault, most driving offences) tried entirely in the Magistrates’ Court.
What happens if a defendant pleads guilty to a summary offence?
The magistrates will sentence the defendant immediately.
What are triable either way offences?
Offences like ABH (S.47 OAPA 1861) that can be heard in either the Magistrates’ or Crown Court.
What is a plea before venue hearing?
A hearing where the defendant enters a guilty or not guilty plea for a triable either way offence.
What happens if the defendant pleads guilty to a triable either way offence?
The magistrates may sentence or send to the Crown Court if their powers are insufficient.
What happens if the defendant pleads not guilty to a triable either way offence?
A mode of trial hearing decides whether the magistrates accept jurisdiction or refer to the Crown Court.
What maximum custodial sentence can magistrates now give for one offence?
12 months imprisonment for one offence (updated to reduce pandemic backlog).
What is the total maximum custodial sentence for multiple offences in the Magistrates’ Court?
12 months imprisonment for consecutive offences.
What is the maximum fine magistrates can issue?
Up to £5000.
What are indictable offences and where are they tried?
Most serious offences (e.g. murder, S.18 GBH) tried in the Crown Court after a preliminary hearing in the Magistrates’ Court.
Who assists magistrates with points of law during trial?
The Justices’ Clerk.
Who decides the verdict in the Magistrates’ Court?
The magistrates themselves.
When might magistrates send a case to the Crown Court for sentencing?
If they believe the offence is too serious for their sentencing powers.
Who hears youth criminal cases?
Specially trained magistrates in the Youth Court.
What role do magistrates have in Crown Court appeals?
They sit with a professional judge to hear appeals from the Magistrates’ Court.
What powers do magistrates have regarding warrants?
They can grant search and arrest warrants requested by the police.
What is the composition of the magistrates’ bench during a trial?
A bench usually consists of three magistrates: one Chairperson (more experienced) and two ‘wingers’ (less experienced lay magistrates).
What percentage of criminal cases are handled by the Magistrates’ Court, and what is its role at the pre-trial stage?
The Magistrates’ Court deals with approximately 95% of all criminal cases. All criminal cases start here for a preliminary hearing, where magistrates consider:
- Bail applications under the Bail Act 1976
- Legal representation
- Legal funding
What are the three types of offences and how are they dealt with by magistrates?
- Summary offences (e.g., assault, most driving offences): tried entirely in the Magistrates’ Court.
If guilty, magistrates sentence immediately.
If not guilty, they set a trial date or hear the case.
- Triable either way offences (e.g., s.47 ABH under OAPA 1861):
Preliminary plea before venue hearing.
If guilty: magistrates can sentence or send to Crown Court.
If not guilty: mode of trial hearing determines whether magistrates will try the case or send it to Crown Court. Defendant can opt for Crown Court trial.
- Indictable offences (e.g., murder, s.18 GBH under OAPA 1861):
Always sent to the Crown Court after a preliminary hearing.
What sentencing powers do magistrates have under the Powers of Criminal Courts (Sentencing) Act 2000?
Up to 6 months’ imprisonment for one offence
Up to 12 months’ imprisonment for consecutive offences
Fines up to £5,000
Under reforms due to the pandemic, magistrates may now issue 12 months’ imprisonment for a single offence.
Also, under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, magistrates may issue higher penalties for Level Five summary offences.
Who assists magistrates with legal advice during trials?
The Justices’ Clerk, a legally qualified advisor, supports magistrates with questions of law, procedure, and sentencing.
What additional duties and jurisdictions do magistrates have beyond adult criminal cases?
Youth Court: Specially trained magistrates hear cases involving offenders aged 10–17.
Appeals: Magistrates sit with a judge in the Crown Court to hear appeals from the Magistrates’ Court.
Warrants: Can issue search or arrest warrants upon request from police.
