What powers do magistrates have?

Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to six months’ custody for a single offence and 12 months in total.

What is the role of a lay magistrate?

Lay magistrates are otherwise known as Justices of the Peace. Lay magistrates work is mainly connected to criminal cases although they also deal with some civil matters, especially family cases. The clerk’s duty is to guide the magistrates on the question of law, practice and procedure.

What are the advantages and disadvantages of magistrates?

Advantages and Disadvantages of Magistrates

• Magistrates are volunteers and therefore it is cheaper!
• Magistrates have knowledge of their local area which they work in so can relate to problems!
• Most decisions they make are using common sense therefore not much training is required!

What is the role of a magistrate UK?

Magistrates are volunteers who hear cases in courts in their community. They can hear cases in the criminal court, the family court, or both. Each case is usually heard by 3 magistrates, including a magistrate who is trained to act as a chairperson.

What happens in a magistrates court UK?

Virtually all criminal court cases start in a magistrates’ court, and around 95\% will be completed there. The more serious offences are passed on to the Crown Court, either for sentencing after the defendant has been found guilty in a magistrates’ court, or for full trial with a judge and jury.

What do magistrates do in criminal cases?

What do magistrates do? Magistrates listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions. They are advised on points of law by a legal adviser who sits in court with them.

What are the disadvantages of lay magistrates?

Disadvantages

• Lack legal knowledge as they haven’t really studied law in much depth as judges would have.
• Inconsistency in sentencing across the country, different areas for more or less the same offence will get different convictions and sentences.

What’s the difference between a lay magistrate and a magistrate?

There are two types of magistrates, lay magistrates and stipendiary magistrates. Lay magistrates are also known as Lay Justices or Justices of the Peace (JPs). Lay Magistrates are the more common type of magistrates. Stipendiary magistrates usually sit alone.

Who are the lay magistrates?

Lay Magistrates are appointed by the Secretary of State for Constitutional Affairs and the Lord Chancellor on the advice of the Local Advisory Committees. Lay Magistrates do not need to have any formal legal qualifications. There are however some requirements which were set out by the Lord Chancellor in 1998.

What proportion of criminal cases are heard by lay magistrates?

What is the maximum sentence in magistrates court?

If the case is to be dealt within a magistrates’ court, the defendant(s) are asked to enter a plea. If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine of an unlimited amount.

What happens at the magistrates court?

At the Magistrates’ Court, your trial will be heard either by a District Judge or by a bench of lay Magistrates. A legal advisor sits in front of the Magistrates and their job is to advise them on issues of law and also to take notes of the evidence.

What is the role and powers of lay magistrates?

1a) Describe the role and powers of lay magistrates in criminal cases. For centuries the criminal justice system has allowed lay people; people who are not legally qualified to administer justice to the civilian population. Lay magistrates are otherwise known as Justices of the Peace.

How can lay magistrates court systems reduce costs to the court?

With the use of Lay Magistrates court systems can effectively reduce costs towards the courts which they can use towards essential requirements for court systems. An effective towards the court in which will affect it negatively involves the knowledge and training within this role.

How many magistrates are there in the UK?

Today there are around 29,000 lay magistrates sitting part time in courts. Magistrates sit on a bench or 2 or 3 to hear cases. The number was limited to 3 in 1996, before then there could be up to 7 magistrates hearing one case. If a single magistrate hears a case they have very restricted powers.

How long does a lay magistrate have to be in court?

Lay magistrates are required to be in in court for at least 13 days (or 26 half-days) a year. Where a magistrate is employed, their employers must provide their employee with enough time to sit as a lay magistrate.