role of magistrates Flashcards

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1
Q

what are magistrates

A

justices of peace that are volunteer judges, they are not paid for the work they do except for expenses

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2
Q

what do magistrates work in (group wise)

A

3

  • middle, chief magistrate, makes decisions, has the most seniority
  • the sides, wing magistrates
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3
Q

what type of cases do they deal with

A
  • all offences go to MC
  • if D pleaded guilty for a summary offence, a sentence will be passed
  • if D pleads guilty for a triable either way, they can have a mode of trial hearing (decide whether to keep case at MC or take it to CC) or give a sentence
  • SUMMARY AND TEW= 94% OF CRIMINAL CASES GO HERE
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4
Q

what else do magistrates do

A

bail application
fine enforcement
licensing of alcohol/ gambling

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5
Q

how many days are they required to work for

A

13 days, 26 half days

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6
Q

Magistrates court also deals with early administrative hearings, what does this deal with

A

bail, reports and legal funding

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7
Q

youth and family courts

A

You need to be specially trained

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8
Q

if someone appeals, what happens

A

goes from magistrates to CC if they don’t agree with the conviction, this would be heard by a judge and two magistrates
-if a usual case, it would be 3 magistrates, a chief magistrates who sits in the middle and two wing magistrates

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