Role of lay magistrates (8 marks).

Question 1

What are lay magistrates?

Answer 1

• Unpaid
• 26 half days a year
• Bench of 3 (2 less experiences wingers, chairperson).
• 95% of all criminal matters.

Question 2

Role within Pre-trial procedure?

Answer 2

• All cases appear at magistrates court first
• Hear a preliminary hearing
• Bail Act 1975 (Legal rep, funding, bail applications).

Question 3

Role for SUMMARY offences?

Answer 3

• Less serious offences like assault.
• GUILTY - sentence there and then
• NOT GUILTY - hear the trial or set a date for one.

Question 4

Role for TRIABLE EITHER WAY offences?

Answer 4

• Middle range (OAPA S.47)
• Can be heard in Crown Court (based on Magistrate’s sentencing powers).
• Preliminary hearing known as plea before venue, GUILTY means sentence or send to Crown Court.
• NOT GUILTY - conduct a mode of trial hearing, can sent to Crown Court, defendant can choose to go to Crown Court.
• Magistrates powers set out in Powers of Criminal Courts (Sentencing) Act 2000, such as 12 months and £5000 fine.

Question 5

Role for INDICTABLE offences?

Answer 5

• Most serious (Murder)
• Send case to Crown Court, listen to all evidence.
• Magistrates can decide verdict if they have powers.

Question 6

Other roles?

Answer 6

• Special magistrates sit it Youth Court (10-17 year olds).
• Can sit in Crown Court to hear appeals from Magistrates Court.
• Can grant search or arrest warrants requested by police.