Section B-Magistrates Flashcards
What are magistrates
Lay people-to represent public
What act outlines role of magistrates and powers of magistrates?
Justices of the Peace 1997
LASPO 2012
Increased fines magistrates they can give (was maximum £5000)
What offences do magistrates deal with?
Summary or triable either way.
Magistrates and TEW
Mode of trial-if mags think sentence is beyond their powers (6 months/12 for re-offenders) it gets sent to crown court. If mags accept it, D chooses what court to choose
Magistrate court composition
Sit as bench of 3 assisted by a legal advisor
Plea before venue hearing
If plead guilty-D is sentenced. If plead not guilty, mode of trial hearing is set
What do magistrates do? (4)
Decide verdict and sentence Give warrants (s1 Mag Courts Act 1980) Grant bail (if no threat to society) Hear youth cases+summary offences
When can appeals be made in magistrates court
Point in law
Appeal sentence/conviction
When can magistrate court cases be sent to SC (2)
Public importance
When appealing conviction only, not sentence
Criteria for magistrates (3)
18-65
Local
6 key qualities e.g commitment and understanding
What can’t a magistrate have (3)
Serious criminal conviction (5+years)
Incompatible job e.g policeman
Bankrupt
What is the aim when selecting magistrates
Select a balanced bench representative of society
Who are the 2 interview conducted by?
Local Advisory Committee
What are the 2 interviews
- Focus on identifying 6 key qualities
2. Judicial skills-given 2 case studies to test judgement
What happens after interviews are conducted?
LAC send names of successful candidates to Lord Chief Justice, who appoints them on behalf of queen. Finally new mags swear an oath
S142 Magistrates Court Act
Appeal-Can have a rehearing in mags with a new bench if error
Pros of magistrates (8)
Lay people-representative (51% female 49% male)
Cheap!-volunteers, deal with 95% of cases, saves £100m a year instead of district judges
Mostly just sentencing-not findings of guilt, gives confidence
Greater empathy-more lenient
Benches of 3-range of views
Legal advisor to assist
They can be dismissed (S11. Courts Act 2003)
Well trained+continuous appraisals and training
Local knowledge-Paul v DPP
Only a small number of appeals-shows high quality decisions
Disadvantages of magistrates (6)
Not legally qualified
Bias towards police-admitted in Bingham Justices ex parte Jowiit-unfair (case hardened)
Not truly representative-80% over 50 and 2/3 professional backgrounds
Inconsistent sentencing-20% of burglars in Teeside get sentenced, compared to 41% in Brum
Place too much faith in legal advisor
Sentencing happy-too quick process
Where is the mode of trial contained in
CJA 2003
Plea before hearing cases (2)
R v Turner-judges cannot get involved
R v Goodman-D can ask for an indication of sentence if willing to plead guilty
Magistrates training stages
Initial training Mentoring Core training Consolidation training First appraisal (appraisals continue every 3 years)
Where is dismissal of judges contained in and when can they be dismissed? (2)
S11 Courts Act 2003
On ground of misbehaviour
On ground of persistent failure to meet standards of competence (quality of work)
What act allows for appeals?
Criminal Appeals Act 1995
When can mag go straight to High Court (QBD)?
Way of case stated on point of law
3 appeal routes available
S142
Crown (appeal conviction or sentence)>CoA for findings of fact (needs permission)
High QBD (way of case stated on point of law)>SC if permission+public
When is an appeal for prosecution available (2)
If believe witnesses or jurors have been bribed or intimidated
Taylor v Lawrence
CoA can hear appeal of own decision if significant injustice or exceptional circumstances
Paul v DPP
Magistrates had to decide whether a kerb crawler was a nuisance to others. Magistrate knew the area and knew it was a problem.
