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Magistrates - Coggle Diagram
Magistrates
Role and Function
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Role in criminal cases
Hear 96% of all cases, more than 1 million a year
Must decide the facts and retire to consider the verdict, decide by majority, if the wingers don't agree then the chair has the deciding vote
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Must listen to the evidence (witnesses/experts), can ask questions during the trial, view exhibits and ask the clerk for legal advice
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Sentence - max 6 months given for first time offences, 12 months given for more than one convisions, or a fine max £5,000, but from 2015 up to the max laid down in the relevant act so can be more than £5k
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Civil Jurisdiction
Some family matters and a variety of orders, largely in relation to children e.g. care proceedings, maintenance payment, residence and contact orders
Licensing appeals (appeals against refusal to grant a licence by council), also non-payment of utility bills e.g. council tax
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Qualifications
Must be:
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Must be able to commit 26 half days a year and to do training on the evenings - by law the employer must allow reasonable time off work but is not obliged to pay the employer for this period, they cannot then claim loss of earnings from the state
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There are 17,000 in England and Wales but 30 years ago there was 30,000
Dismissal and Retirement
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They can be removed on the grounds of incapacity or misbehaviour e.g. criminal conviction, or failing to perform their duties
Removed by a joint decision by the Lord C and the LCJ (17 removed in 2012, 4 in 2013) e.g. Richard Page - removed as christian and voiced views in same sex adoption in 2015
Work/Jurisdiction
Summary Offences
Guilty, normally the case is heard on the same day
Not guilty, usually an adjournment while case prepared
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