role of magistrates (section a - criminal courts and lay people)

Question 1

What is the role of magistrates in criminal cases?

Answer 1

Magistrates play a key role in criminal cases and have a very wide workload.

Question 2

How many magistrates are there in England and Wales?

Answer 2

There are about 16,000 magistrates sitting as unpaid, part-time judges in the 330 Magistrates’ Courts in England and Wales.

Question 3

How many criminal cases do magistrates try?

Answer 3

Magistrates try 94% of all criminal cases.

Question 4

What happens to indictable offences that are heard at a preliminary level?

Answer 4

Indictable offences will be transferred to the Crown Court.

Question 5

What types of offences do magistrates hear trials for?

Answer 5

Magistrates hear trials for summary and the majority of triable either way offences.

Question 6

What is the role of magistrates during a trial?

Answer 6

During the trial, the magistrates’ role is to decide whether the defendant is guilty or not guilty and then pass verdict.

Question 7

What is the role of magistrates at the end of a trial?

Answer 7

At the end of the trial (or if the defendant pleads guilty), the magistrates will have the role of passing sentence.

Question 8

What happens if magistrates do not believe they have enough sentencing powers?

Answer 8

If they do not believe they have enough sentencing powers, they will send the offender up to the Crown Court for a higher sentence.

Question 9

What are the maximum sentencing powers for magistrates?

Answer 9

6 months for one offence, 12 months for two

Question 10

What is an Early Administrative Hearing?

Question 11

What is a bail application?

Question 12

What are remand hearings?

Question 13

What is the Youth Court and who sits on the panel?

Answer 13

The Youth Court is a court where specially trained magistrates deal with young offenders aged between 10-17 years. The panel must usually include at least one man and one woman.

Question 14

What types of cases do magistrates hear in the Crown Court?

Answer 14

Magistrates sit in the Crown Court to hear appeals from the Magistrates’ Court.

Question 15

How is the panel made up for appeals in the Crown Court?

Answer 15

In appeals heard in the Crown Court, two magistrates form a panel with a qualified Judge.

Question 16

What types of administrative hearings do magistrates conduct?

Answer 16

Magistrates hear warrant applications from the police and applications to extend a suspect’s detention period from 36 hours to a possible 96

Question 17

What do magistrates do in warrant applications from the police?

Answer 17

Magistrates will sign the warrant to give the police permission to search private premises.

Question 18

What do magistrates do in applications to extend a suspect’s detention period?

Answer 18

The magistrates will either grant the extension or refuse it.

Question 19

What is the role of the magistrates’ clerk?

Answer 19

Every bench is assisted by a clerk, also known as a legal advisor. They guide the magistrates on law, practice, and procedure. They do not assist in decision-making but can deal with routine administrative matters.

Question 20

What is the qualification requirement for the magistrates clerk in each court?

Answer 20

The magistrates clerk in each court has to be a qualified solicitor or barrister for at least 5 years.

Question 21

The magistrates’ clerk guides magistrates on law and procedure set out in what act?

Answer 21

s.28 (3) of the Justices of the Peace Act 1979