Role/Work of Lay Magistrates [Magistrates] Flashcards
Bail/Remand [Paragraph 1]
The role of Magistrates is varied. Before a trial, magistrates may deal with bail applications. Under the Bail Act 1976, there is a presumption that everyone should be granted bail unless there is justification to refuse it such as a poor bail record, no fixed address or the seriousness of the charge. If bail is refused, then a remand hearing will be held to decide whether a suspect should be kept in prison until their trial date. The magistrates will hear evidence from the police and the prosecution and defence.
Legal Aid [Paragraph 1]
Under the Access to Justice Act 2003, anyone charged with a criminal offence can apply to the magistrates to be represented by the Criminal Defence Service so magistrates will also hear legal aid applications. This is based on the ‘merit test’ and will consider factors such as; is the D likely to receive a custodial sentence.
Criminal Trials [Paragraph 2]
A magistrates main role is to deal with criminal trials and sit on a bench of three, assisted by a legal clerk, in the Magistrates Court. All criminal cases start in the Magistrates Court, no matter the category of the offence. There will be an Early Administrative Hearing to hear from the prosecution and defence what evidence, witnesses and special requirements are needed for the trial.
Summary Offences [Paragraph 3]
All summary offences [like assault/battery], minor offences, are tried at the Magistrates Court. This accounts for 97% of criminal cases per year. Magistrates will deal with all aspects of the case, listening to the prosecution and defence’s cases, deciding on matters of fact and returning a unanimous verdict of guilty or not guilty. They will also pass sentence [in around 80% of cases]
TEW and Indictable Offences [Paragraph 4]
Magistrates will also deal with some triable-either-way offences [such as theft/ABH] which can be tried at either the Magistrates or Crown Court depending on severity. A ‘plea before venue’ hearing will take place for D to enter their plea. If they plead not guilty, then the Magistrates will conduct a ‘mode of trial’ hearing to determine where the case will be tried. Magistrates will accept jurisdiction if they have sufficient sentencing powers as they can only serve up to 6 months imprisonment or £5000 fine. If this occurs, then D will be able to elect which court their case will be tried in. Rejection of jurisdiction will mean that the case will be transferred to the Crown Court. For indictable offences [like murder/burglary], magistrates will conduct transfer proceedings and commit the case to be tried in the Crown Court.
Sentencing Hearings [Paragraph 5]
Magistrates will also deal with sentencing hearings for those they have convicted or who have plead guilty. After hearing statements from the prosecution and defence about aggravating or mitigating factors, the magistrates will pass sentence. If they have insufficient sentencing powers, the case can be conducted to the Crown Court to be sentenced.
Mags + DJs [Paragraph 6]
Alternatively, magistrates can sit with a district judge in the Crown Court to hear appeals against conviction or sentence from the Magistrates Court.
Specialist Work [Paragraph 7]
Magistrates can also carry out specialist work. This involves the Youth Court which deals with offences committed by minors aged 10-17, but special training is needed. They can also sit in the Family proceedings Court to deal with family cases including domestic violence, adoption and custody issues if they have a further hearing.
Civil Work [Paragraph 8]
Magistrates can also deal with civil work. These include cases such as late payments of a TV licence or none payment of council tax, including betting licences and appeals for licences from the local authority.
Administrative Work [Paragraph 9]
Finally, they carry out administrative work which includes search and arrest warrants to the police under the Police and Criminal Evidence Act 1984.
