The Role of Magistrates Flashcards
There are approximately…
16,000 Magistrates in 330 Magistrate’s courts
They are unpaid and…
sit as a bench of 2 or 3
Magistrate’s try…
94% of all criminal cases
The other 6% of cases heard are at….
preliminary level
Magistrate’s hear trials for…
summary and the majority of triable either way offences
Magistrate’s decide…
if the D is guilty or not guilty and pass the verdict
Sentencing power of Magistrate’s
If they do not have enough sentencing powers they will send up to Crown Court for a higher sentence
Max sentence a Magistrate can give is…
6 months for one offence, 12 months for two offences
Preliminary Hearings 1
Early administrative hearing =
D gets to tell court facts of the case. Facts are recorded before main trial
Preliminary Hearings 2
Bail applications =
D applies to be released from custody before trial
Preliminary Hearings 3
Remand Hearings =
D stays in remand whilst waiting for 2nd bail application to be approved
Youth Court
Some Magistrate’s trained to deal with young offenders aged between 10-17 years
Sit in YC and have a panel inc at least 1 man & woman
Magistrate’s clerk!
every bench is assisted by a clerk also known as a legal advisor
must be a qualified solicitor/barrister for at least 5 years.
advise law to magistrates