Section B-Magistrates

Question 1

What are magistrates

Answer 1

Lay people-to represent public

Question 2

What act outlines role of magistrates and powers of magistrates?

Answer 2

Justices of the Peace 1997

Question 3

LASPO 2012

Answer 3

Increased fines magistrates they can give (was maximum £5000)

Question 4

What offences do magistrates deal with?

Answer 4

Summary or triable either way.

Question 5

Magistrates and TEW

Answer 5

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

Question 6

Magistrate court composition

Answer 6

Sit as bench of 3 assisted by a legal advisor

Question 7

Plea before venue hearing

Answer 7

If plead guilty-D is sentenced. If plead not guilty, mode of trial hearing is set

Question 8

What do magistrates do? (4)

Answer 8

Decide verdict and sentence
Give warrants (s1 Mag Courts Act 1980)
Grant bail (if no threat to society)
Hear youth cases+summary offences

Question 9

When can appeals be made in magistrates court

Answer 9

Point in law

Appeal sentence/conviction

Question 10

When can magistrate court cases be sent to SC (2)

Answer 10

Public importance

When appealing conviction only, not sentence

Question 11

Criteria for magistrates (3)

Answer 11

18-65
Local
6 key qualities e.g commitment and understanding

Question 12

What can’t a magistrate have (3)

Answer 12

Serious criminal conviction (5+years)
Incompatible job e.g policeman
Bankrupt

Question 13

What is the aim when selecting magistrates

Answer 13

Select a balanced bench representative of society

Question 14

Who are the 2 interview conducted by?

Answer 14

Local Advisory Committee

Question 15

What are the 2 interviews

Answer 15

1. Focus on identifying 6 key qualities

2. Judicial skills-given 2 case studies to test judgement

Question 16

What happens after interviews are conducted?

Answer 16

LAC send names of successful candidates to Lord Chief Justice, who appoints them on behalf of queen. Finally new mags swear an oath

Question 17

S142 Magistrates Court Act

Answer 17

Appeal-Can have a rehearing in mags with a new bench if error

Question 18

Pros of magistrates (8)

Answer 18

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

Question 19

Disadvantages of magistrates (6)

Answer 19

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

Question 20

Where is the mode of trial contained in

Answer 20

CJA 2003

Question 21

Plea before hearing cases (2)

Answer 21

R v Turner-judges cannot get involved

R v Goodman-D can ask for an indication of sentence if willing to plead guilty

Question 22

Magistrates training stages

Answer 22

Initial training
Mentoring
Core training
Consolidation training
First appraisal (appraisals continue every 3 years)

Question 23

Where is dismissal of judges contained in and when can they be dismissed? (2)

Answer 23

S11 Courts Act 2003
On ground of misbehaviour
On ground of persistent failure to meet standards of competence (quality of work)

Question 24

What act allows for appeals?

Answer 24

Criminal Appeals Act 1995

Question 25

When can mag go straight to High Court (QBD)?

Answer 25

Way of case stated on point of law

Question 26

3 appeal routes available

Answer 26

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

Question 27

When is an appeal for prosecution available (2)

Answer 27

If believe witnesses or jurors have been bribed or intimidated

Question 28

Taylor v Lawrence

Answer 28

CoA can hear appeal of own decision if significant injustice or exceptional circumstances

Question 29

Paul v DPP

Answer 29

Magistrates had to decide whether a kerb crawler was a nuisance to others. Magistrate knew the area and knew it was a problem.