2: Describe the role of lay magistrates Flashcards
(9 cards)
Magistrates deal with what % of criminal matters?
95%
What is considered by the magistrates in the preliminary hearing?
Legal funding, Legal representation, Bail applications.
What are summary offences?
Least serious offences. E.G: Assault Battery
What are Triable Either Way offences?
Mid level offences. E.G: S47 Actual Bodily Harm.
What are Indictable offences?
The most serious offences. E.G: Rape, Murder, GBH with Intent.
What can magistrates grant?
Search warrants or Arrest warrants requested by police.
What punishments can magistrates give out?
For one offence- Max 6 months imprisonment.
For multiple offences- Max 12 months imprisonment.
AND/OR
Up to a £5000 fine.
What offences allow magistrates to exceed normal sentencing powers?
“Level Five” summary offences.
What can D decide to so if the magistrates’ are prepared to hear a trial?
D can decide to have their case heard in the crown court. This has more risk as the punishment if found guilty is more extreme however it is also harder to prove you are guilty.
