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Role of Magistrates (Approximately 17,500 lay magistrates who are unpaid…
Role of Magistrates
Approximately 17,500 lay magistrates who are unpaid volunteers work in the Magistrates' Courts in England and Wales. They are also known as Justices of the Peace.
They usually sit on a bench of three within one of the Magistrates' courts in England and Wales, dealing with approximately 95% of criminal cases. They are the judges of fact and law.
Magistrates conduct Early Administrative Hearings such as remand hearings, plea before venue and mode of trial hearings plus bail hearings.
In accordance with the Bail Act 1976, there is a presumption in favour for bail (s.4) - they can give conditional or unconditional bail.
They can organize custody extensions in accordance with PACE 1984. They can grant an extension for up to 96 hours.
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Magistrates have the jurisdiction to sentence and/or try all summary offences which are minor offences such as assault and most motoring offences.
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Furthermore, they organise the paperwork to transfer indictable offences to the crown court e.g murder.
During the trial, the magistrates will listen to the evidence presented by the defence and prosecution.
Evidence may involve watching CCTV footage, listening to witnesses and reading reports.
They are advised on points of law and procedure by a legally qualified court clerk who must not make any attempt to influence their ultimate verdict - D has a right to a fair trial.
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At the end of the trial the magistrates retire to consider their verdict. The prosecution bear the burden of proving the facts to them they should find D guilty if the case has been proven beyond reasonable doubt.
Their verdict is announced in open court by the chair of the bench and they must provide a reason for their decision.
If they find D guilty, they can pass sentence. They can give a custodial sentence up to a maximum of 6 months for once offence, 12 for two or more, they can also be given a community sentence, fine or a discharge.
They can "stay" sentencing i.e. sentence at a later date awaiting pre-sentence reports by the probation service which makes recommendations with regards to the sentence boundaries for the offence.
Magistrates will also take into account any aggravating and mitigating factors before deciding on the sentence, the aims of sentencing and Sentencing Guidelines.
If they find D not guilty, they will acquit him.
Individual magistrates sit in the Crown Court with either a Circuit Judge or Recorder to hear appeals against conviction and/or sentence from other magistrates' courts.
The magistrate is expected to accept the judge's ruling on matters of law but they have equal voting rights and two magistrates can outvote the judge on the verdict and/or sentence.
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The Single Justice Procedure introduced under s.48 Criminal Justice and Courts Act 2015 allows certain uncontested cases to be dealt with on the papers by a single magistrate.
In some cases a District Judge who earns £106,000 approximately a year will hear the case instead.