Criminal Courts & Lay People: Magistrates

Question 1

How many magistrates are in England and Wales?

Answer 1

16,000

Question 2

What are magistrates?

Answer 2

Unpaid, part - time judges

Question 3

How many MC courts are in England and Wales?

Answer 3

330

Question 4

What do they hear cases on?

Answer 4

A bench of 2 or 3

Question 5

How many cases do magistrates try?

Answer 5

94% of all criminal cases
6% at a preliminary level

Question 6

What do trials do magistrates hear?

Answer 6

Summary and majority of TEW,

Question 7

At the end of the trial, what do the magistrates do?

Answer 7

Pass sentence

Question 8

If magistrates don’t believe they have enough sentencing powers, what will they do?

Answer 8

Send the case to the Crown Court

Question 9

What is the maximum sentence a magistrate can give?

Answer 9

A max of 6 months imprisonment
Unlimited fine

Question 10

What are the different types of preliminary hearings?

Answer 10

Early Administrative Hearings
Remand Hearings
Bail Applications

Question 11

What is an Early Administrative Hearing?

Answer 11

A pre-trial
Look at D’s plea
Offer legal aid

Question 12

What are Bail Applications?

Answer 12

Application to be released until trial date
Must follow certain rules e.g., tag/curfew

Question 13

What are remand hearings?

Answer 13

Bail hearing is rejected so you’re on remand
If bail not granted a second time, back in prison until court date

Question 14

What is the Youth Court?

Answer 14

Specially trained magistrates deal with young offenders between 10-17 yrs old
Panel must usually include at least one woman and one man

Question 15

What are appeals?

Answer 15

Magistrates sitting in the Crown Court to hear appeals from MC.

Question 16

What do appeals consist of?

Answer 16

Two magistrates and one qualified judge

Question 17

What happens in appeals?

Answer 17

All the evidence is heard again and then verdict is passed and sentence in needed

Question 18

What are administrative hearings?

Answer 18

Magistrates hear warrant applications from police. Sign warrants so police can search private premises
Extende police detention period from 36-96 hrs

Question 19

What is a magistrates clerk?

Answer 19

Legal advisor
Qualified barrister or solicitor for at least 5yrs
Guide magistrates on law, practice and procedure
Don’t assist in decision making

Question 20

What are the qualifications of magistrates?

Answer 20

Aged between 18-70
Live or work in local justice area
Don’t have legal qualities

Question 21

What are the 6 key qualities?

Answer 21

Good character
Understanding and communication
Social awareness
Maturity and sound temperment
Sound judgement
Committment and reliability

Question 22

What judicial qualities are needed?

Answer 22

Must be able to take in all info and create justified decision
Must be able to work in a team
Must lvie or work in the local justice area
Committed to 26 half days a year

Question 23

What are the restrictions for magistrates?

Answer 23

Serious convictions
Bankrupt
Work in forces
Closer relatives cannot be appointed to the same bench

Question 24

What are the stages of the selection and appointment of magistrates?

Answer 24

Stage 1: Local Advisory Committee
Stage 2: The Interviews
Stage 3: Appointment

Question 25

What is Stage 1: Local Advisory Committee?

Answer 25

Ensure a cross section of society
Made up of non, current and ex magistrates
Can apply directly or through newspaper

Question 26

What happens in Stage 2: The Interviews?

Answer 26

1st Interview: Assesses attitudes and personality using the 6 key qualities
2nd Interview: Assesses potential judicial aptitude through discussion of two cases

Question 27

What happens in Stage 3: Appointment?

Answer 27

LAC submits suitable names to Lord Chief Justice
Successful applicants sworn in Crown Court, can sit until 70yrs old
Expected to sit for a minimum of 26 half days