Theme C: England and Wales justice system 2 Flashcards
(18 cards)
What is the main role of magistrates in the justice system of England and Wales?
The main role of magistrates is to hear criminal cases in a Magistrates Court.
What is the typical background of magistrates?
Magistrates are usually volunteers from a local community.
Are magistrates required to be lawyers?
No, magistrates are not lawyers but have training in the role.
Who assists magistrates with specialist knowledge?
Legal advisers assist magistrates with specialist knowledge.
What are magistrates also known as?
Magistrates are also known as justices of the peace (JPs).
What types of cases do Magistrates’ Courts deal with?
Magistrates’ Courts deal with minor criminal cases, such as criminal damage, and may also handle civil cases in their community, including family or youth courts.
What powers do Magistrates’ Courts have regarding search and arrest warrants?
Magistrates’ Courts can issue a search warrant or a warrant for arrest.
What are the bail powers of Magistrates’ Courts?
Magistrates’ Courts can grant bail or keep the accused in custody.
What is the maximum sentence Magistrates’ Courts can impose?
Magistrates’ Courts can give a sentence of up to six months for one offence and a maximum of 12 months for two or more offences.
What is the fine limit that Magistrates’ Courts can impose?
Magistrates’ Courts can impose a fine of an unlimited amount.
What is the procedure for serious criminal cases in Magistrates’ Courts?
Serious criminal cases that begin in the Magistrates’ Court but are beyond their powers are transferred to the Crown Court.
What is the main role of legal representatives?
To be experts in the law and help make the legal system fair.
What type of legal advice do legal representatives provide?
They provide legal advice concerning the detail and complexities of law to non-specialist clients.
What powers do legal representatives have in criminal cases?
To act on behalf of an accused person to represent their defence in court.
What is the role of legal representatives in prosecuting crimes?
To work for the Crown to prosecute someone accused of a crime.
In civil cases, who do legal representatives work for?
They work for the claimant or the person against whom the claim has been brought.
What is one role of solicitors?
To prepare cases for clients and sometimes to also appear in court.
What is one role of barristers?
To represent their clients in higher courts, such as the Court of Appeal.