role of magistrates Flashcards
what are magistrates
justices of peace that are volunteer judges, they are not paid for the work they do except for expenses
what do magistrates work in (group wise)
3
- middle, chief magistrate, makes decisions, has the most seniority
- the sides, wing magistrates
what type of cases do they deal with
- 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
what else do magistrates do
bail application
fine enforcement
licensing of alcohol/ gambling
how many days are they required to work for
13 days, 26 half days
Magistrates court also deals with early administrative hearings, what does this deal with
bail, reports and legal funding
youth and family courts
You need to be specially trained
if someone appeals, what happens
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