Section B (criminal process magistrates)

Question 1

who are magistrates?

Answer 1

lay magistrates are unpaid , part time judges who are not professional and do not have legal qualification.

Question 2

role of magistrates

Answer 2

1- deal with almost all criminal offences and they work in bench of three.
2- hear less serious cases , bail applications and search warrants
3- the clerks job is to advice the magistrates on the relevant law , practice and procedure.

Question 3

WHAT IS ROLE OF MAGISTRATES IN A CRIMINAL TRIAL

Answer 3

• listen to the evidence and decide , based on their findings of fact whether the defendant is innocent or guilty.
  -they sit as a bench of three and can decide by majority

Question 4

advantages and disadvantages of magistrates

Answer 4

1- cost , they are unpaid however prosecution biased as they are not trained e.g R V BINGHAM case
2- local knowledge aware of local area however inconsistent sentencing this means magistrates can be slow to reach a decision e.g PAUL V DPP CASE
3- cross section of the society , this means individuals from different backgrounds represent the society however underrepresentation of society , this means only people with free time and middle aged.
4- legal adviser this means having a legal adviser for magistrates is beneficial as they have local knowledge that can be used before making decisions however over reliance of legal adviser could lead to problems as magistrates dont have legal training. e.g R V BIRMIGHAM CASE