Please enable JavaScript.
Coggle requires JavaScript to display documents.
The Role of Lay Magistrates (17,500 lay magistrates who are unpaid…
The Role of Lay Magistrates
17,500 lay magistrates who are unpaid volunteers in the M courts across England and Wales. They are known as the Justices of the Peace
They usually sit in a bench of 3 within one of the courts and they deal with 95% of criminal cases. They are judges of fact and law
M's conduct Early Administrative hearings which include remand hearings, plea before venue and mode of trial hearings and bail hearings
Under Bail Act 1976- presumption of favour for bail (s.4)- they can grant conditional or unconditional bail
organise custody extensions in accordance with PACE 1984- extensions of up to 96 hours
also deal with requests for arrests and search warrants from the police
Ms have the jurisdiction to sentence and/or try all summary offences e.g motoring offences
They also deal with most triable either-way offences e.g Theft
organise paperwork to transfer indictable offences to the crown court e.g Murder as they don't have enough jurisdiction
during the trial, the Ms will listen to evidence from the prosecution and defence
e.g witnesses, watching CCTV and reading reports- Ashley Gill-Webb case- witness statements and video footage
advised on points of law by a legally qualified court clerk who must not influence the verdict (Art.6) (R v Eccles Justices ex parte Farrelly)
listen to closing speeches by the D and P
at the end of the trial, they retire to consider their verdict. Prosecution bear the burden of proving guilt beyond reasonable doubt
verdict is announced in open court by the chair of the bench and they must provide a decision
if guilty, they pass sentence. Custodial sentence of up to 6 months for one and 12 for 2 or more. Can also give a community sentence, fine or discharge
Take into account aggravating and mitigating factors before deciding the sentence, the aims of sentencing and the sentencing guidlines
if 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
M is expected to accept the judges ruling on matters but they have equal voting rights and tow magistrates can outvote the judge
youth courts - specially trained magistrates also sit in the Youth Court and deal with young aged from 10 to 17 years