Lay Magistrates role and work

HideShow resource information
View mindmap
  • Lay Magistrates Role and Work
    • Defintion
      • Lay Magistrates carry out a vast range of work, but this can be considered as falling into one of three types;
    • 1, Administrative work
      • Issuing search and arrest warrants
        • The police can obtain warrants from the local magistrates court if they intend to take action on a further date.
      • Bail Applications
        • Under the bail act, there is a presumption that bail should be granted. If the magistrates wish to deny bail and remain in custody they must give reasons why
      • Legal representation
        • Under the access to Justice Act, anyone charged with a criminal offence can apply to the Magistrates to be represented by the Criminal defence service.
    • 2. Judicial work
      • Commitals
        • The D makes a plea before venue so that the magistrates can determine which court will be appropriate for the D's next appearance.
        • Triable either way offences- Magistrates hold a mode of trial hearing to decide which court will hear D's case.
      • Sentencing hearings
        • Magistrates pass sentence on those convicted. If the Magistrates have insufficient sentencing powers the case can be transferred to the crown court for sentencing
      • Criminal trials
        • Lay Magistrates normally sit as a bench of 3 assisted by the legal advisor to hear trials.
    • 3. Specialist work
      • Youth court
        • magistrates deal with young offenders between 10-17 in the youth court.
          • Youth magistrates have to be below 65 and have additional training.
      • Family Proceedings court
        • specially trained Magistrates can also sit in the family court hearing cases on domestic violence, custody of the children etc.


No comments have yet been made

Similar Law resources:

See all Law resources »See all The Criminal courts and lay people resources »