Lay Magistrates role and work
- Created by: Shannon Cunningham
- Created on: 12-05-14 11:28
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- 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.
- Issuing search and arrest warrants
- 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.
- Commitals
- 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.
- magistrates deal with young offenders between 10-17 in the youth court.
- Family Proceedings court
- specially trained Magistrates can also sit in the family court hearing cases on domestic violence, custody of the children etc.
- Youth court
- Defintion
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