Role of lay magistrates. The Role of Magistrates Essay 2018-12-26

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The Role and Powers of Lay Magistrates in Criminal Cases...

role of lay magistrates

Training focus is upon skills of managing oneself, making decisions, working as a team member and role of a Magistrate. They receive practical training over several sessions before they sit on the bench for their first case. However in 1998 the Lay Magistrates New Training Initiative started in which lay magistrates have to achieve 4 basic competencies, have a mentor an experienced magistrate to help them and undergo appraisal. Civil cases can usually be heard in the Magistrates, County or High Court, however both Criminal and Civil cases can be brought forward to a court of appeal after a decision has been passed. Exams Magistrates do not sit exams, nor do they have to be legally qualified. Cautions, Conditional Cautions, Fixed Penalty Notices, Penalty Notices for Disorder. If the candidate is successful they will finally be appointed at a swearing in ceremony at their local court where they must swear an oath to the Queen.

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What Are the Duties of a Magistrate?

role of lay magistrates

To assess its advantages, disadvantages can be equally juxtaposed alongside it. In trial, they decide the facts, the sentence and the law, though the concluding is under the advice of the justice's clerk. As Law explains that magistrates conduct summary trials-these are minor cases only dealt with within the magistrates courts, they also sentence defendants who plead of are found guilty and hold committal proceedings in indictable offences-these are offences of a serious nature and finally they deal with hybrid offences, when a defendant has asked to have his case heard in the crown court. A clerk will sit in court with the magistrates and provide legal information for the lay magistrates. In a Criminal case the state would be looking for a custodial sentence or an alternative such as a fine, community order, etc. They are unpaid but receive travel and subsistence allowance. Describe the role of magistrates in civil and criminal cases A Lay- person in the context of a lay magistrate is a person with no legal qualifications or training in law.

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The Role And Appointment Of Lay Magistrates Essay essay help

role of lay magistrates

In the case of it was the local knowledge of the Magistrates about the residential street where the offence took place that led them to convict the D as it was likely he was causing a nuisance in picking up a prostitute in his car. The Sunday Times published an article, headlined 'goodbye gobmen'. Criminal cases are initiated by the state or Federal government after a defendant violates a criminal statute, and are used to discourage socially. Introduction Describe the selection, training, and role of lay magistrates. Lay magistrates also deal with commitals, magistrates can commit a defendant charged with a triable either way offence for the sentence to the Crown Court at the end of the case having heard the defendants past record, they feel that their powers of punishment are insufficent. The Courts Act 2003 s.

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What Are the Duties of a Magistrate?

role of lay magistrates

Here the courts affirmed that a warrant issued by a home secretary for entry into private property and seizure of allegedly seditious material was against the law and amounted to trespass. Describe the role and appointment of Lay Magistrates. The aim is to create a balanced bench. The again has specially trained Magistrates to deal with issues such as child protection. Family Proceedings The Family Proceedings Court is chaired by a District Judge Magistrates' Court sitting with two Lay Magistrates. For example, both the judge and jury in any case have to be unbiased and have no prejudices. The chairperson will ask any questions and will be the only Magistrate to address the D, P and the defendant themselves throughout the case.


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Lay Magistrates

role of lay magistrates

It will cover areas such as sentencing. The reduction in the number of courts has resulted in fewer Justices' Clerks. Despite being lay members within the law, they try 97% of all criminal cases and deal with preliminary hearings in the remaining 3% of criminal cases, these involve Early Administrative Hearings, remand hearings, bail applications, sentencing and transfer proceedings. For the foreseeable future at least lay magistrates remain the most integral and cost-effective part of our criminal justice system. This can lead to poorly trained Magistrates making inconsistent decisions made in different cases. They only need to fit certain criteria.

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Lay people and their role in the English legal system

role of lay magistrates

When the Police arrest and hold a suspect in custody they must take their case to court if they wish to hold the suspect from 36 hrs upto a maximum of 96 hours. Selection of a jury panel Names are picked by random from the electoral register for the area in which the court is situated. At all times I will try to speak for fairness - Pro Aequitate Dicere. Take the 2013-2014 budget; I will give any of you a prize if you can guess the percentage of the budget allocated to the Ministry of Justice. Instead, they engage in a variety of other activities. An important factor that they must also have is that they have sound judgement so they will not make any bias decisions. After all, no good candidate would wish to give their valuable time if there was little to do when they got to court.

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Lay people and their role in the English legal system

role of lay magistrates

When sentencing the offender Magistrates also give reasons for their sentence and all proceedings can be watched by the public so justice is seen to be done. Both Magistrates and jury members are not legally trained and volunteer their own type for no payment to play vital roles in deciding on criminal cases. Additionally, they are tasked to promote and enforce recovery of… 3788 Words 16 Pages Describe the role of magistrates in civil and criminal cases A Lay- person in the context of a lay magistrate is a person with no legal qualifications or training in law. Local groups such as political parties, trade unions and chambers of commerce will put forward suitable candidates but, in addition, the advisory committees can advertise for individuals in the local community to put themselves forward. Reoffenders were also punished harshly if they were caught. Although all three magistrates have an equal responsibility in the decision making process, the presiding justice in the middle is the one that speaks on behalf of them all while in court. The applicant will require a character reference and undergo two interviews, but there is no guarantee they will be successful as the role is highly sought after.

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The Role and Powers of Lay Magistrates in Criminal Cases...

role of lay magistrates

In these courts, magistrates deal with a number of issues including landlord-tenant cases for nonpayment of rent of a landlord refusing the return of a security deposit; a merchant refusing to repair faulty merchandise or allowing the customer a refund; or a driver failing to pay for repairs for slightly damaging another person's vehicle. It is good that we are passing these tests, but transparency requires that we need to know more — at what expense? A lay magistrate must have six key qualities to enable them to be appointed, these ensure that the magistrate is of sound mind and judgement. These magistrates must be under 65 years old. There are three different types of offences which are dealt with in the Criminal Courts, summary offences which are the least serious offences and are normally dealt with in the Magistrate Courts. This proves that a barrister uses skills from his or her training in both courts. In summary, Magistrates' courts generally attract less attention than trial by jury in the Crown Court.

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