MAGISTRATES AND MAGISTRATES COURTS

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MAGISTRATES AND MAGISTRATES COURTS

• BY CAPTAIN NATALIE ROBINSON

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MAGISTRATES

• Lay persons with no legal experience
• Currently approximately 29,000
• Limited powers
• District Judges
• S.16(3) Justices of the Peace Act 1979
• 1195 Richard I keepers of the peace
• 1361 Justices of the peace
• 1792 1839
• Then became paid appointments

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• 6 key qualities
• Good character, understanding/communication,
  social awareness, maturity/sound judgement,
  commitment/reliability
• Not normally accepted below age of 27
• Until 1919, males only
• Qualification rules changed in 2003
• Some persons cannot sit
• District Judges qualification

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• APPOINTMENT OF MAGISTRATES
• Approximately 1500 a year
• Lord Chancellor appoints
• Recommendations made by local advisory committees
• Recently begun to advertise for candidates

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• COMPOSITION OF THE BENCH
• Originally middle class, middle aged, and middle
  minded
• 1998 first blind magistrate

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• DUTIES
• Largely deal with criminal matters
• Certain civil matters are also heard
• Youth Court panels
• Sit on appeals in Crown Court
• TRAINING
• Magistrates Committee
• Introductory training, then core training
• mentor

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• RETIREMENT/REMOVAL
• 70, or on Supplemental List
• S.11 Courts Act 2003
• MAGISTRATES CLERKS
• Legal advisors
• R v Eccles Justices, ex parte Farrelly (1992)
  clerk involved in the decision making process

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• ADVANTAGES
• Wider cross section of society
• Awareness of local issues
• Cheaper
• Higher level of legal skill now
• Few appeals
• Few errors in law

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• DISADVANTAGES
• Middle aged and middle class
• Prosecution biased
• Different sentences in different areas
• Rely too heavily on clerk

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MAGISTRATES COURTS

• Approximately 430
• Hear the following types of cases
• Summary matters, suitable either way matters,
  first hearing on indictable matters, warrants,
  Youth Court matters
• Also hear certain civil matters
• Family cases

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• SUMMARY TRIALS
• Maximum sentences
• At beginning of hearing, defendant is asked for
  his plea
• If pleads guilty one procedure is followed, if
  not guilty another
• Criminal Justice and Public Order Act 1994

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• CASES TRIABLE EITHER WAY
• Plea, venue, magistrates may accept the case or
  commit to the Crown Court
• Defendant may elect trial by Crown Court
• Many reasons to elect for trial
• S.51 Crime and Disorder Act 1998
• Magistrates may still commit to Crown Court for
  sentence

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• CLERK OF THE COURT
• Advisor only
• Now has extended powers
• YOUTH COURTS
• No criminal liability under 10
• Some can be tried in Crown Court
• Not open court, and parents/guardian must attend

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APPEALS FROM THE MAGISTRATES COURT

• APPEALS TO THE CROWN COURT
• On application by the defence only
• Leave not required
• Powers may vary

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• APPEALS BY CASE STATED
• Points of law
• Prosecution or defence
• 2/3 High Courts judges sit
• Cannot challenge a sentence
• Can then appeal to the House of Lords
• C v DPP (1994) for a defendant between 10-14,
  prosecution must prove he/she was aware that they
  were doing wrong