The Role of Magistrates Flashcards

1
Q

There are approximately…

A

16,000 Magistrates in 330 Magistrate’s courts

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2
Q

They are unpaid and…

A

sit as a bench of 2 or 3

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3
Q

Magistrate’s try…

A

94% of all criminal cases

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4
Q

The other 6% of cases heard are at….

A

preliminary level

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5
Q

Magistrate’s hear trials for…

A

summary and the majority of triable either way offences

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6
Q

Magistrate’s decide…

A

if the D is guilty or not guilty and pass the verdict

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7
Q

Sentencing power of Magistrate’s

A

If they do not have enough sentencing powers they will send up to Crown Court for a higher sentence

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8
Q

Max sentence a Magistrate can give is…

A

6 months for one offence, 12 months for two offences

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9
Q

Preliminary Hearings 1

A

Early administrative hearing =
D gets to tell court facts of the case. Facts are recorded before main trial

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10
Q

Preliminary Hearings 2

A

Bail applications =
D applies to be released from custody before trial

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11
Q

Preliminary Hearings 3

A

Remand Hearings =
D stays in remand whilst waiting for 2nd bail application to be approved

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12
Q

Youth Court

A

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

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13
Q

Magistrate’s clerk!

A

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

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