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Understanding the Role of Lay Magistrates in the UK

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lucy <3

10/14/2022

Law

Role of lay magistrates

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Understanding the Role of Lay Magistrates in the UK

The Role of Lay Magistrates in the UK Criminal Justice System - A comprehensive overview of lay magistrates' responsibilities, powers, and functions within the UK legal system, highlighting their crucial role in handling approximately 95% of all criminal cases.

  • Lay magistrates serve as volunteer judges who work in benches of three, with one experienced chairman leading court proceedings
  • They handle summary offences, preliminary hearings, and less serious either-way offences, with support from legal advisers
  • Their duties include determining guilt/innocence, making bail decisions, and issuing sentences up to 6 months imprisonment
  • Magistrates can specialize in youth and family courts, and participate in community engagement activities
  • They play a vital role in mode of trial proceedings for either-way offences, deciding whether cases should be heard in magistrates' or crown court
...

10/14/2022

308

<h2 id="roleoflaymagistratesintheuk">Role of Lay Magistrates in the UK</h2> <p>Inside the magistrates court, a bench of three lay magistrate

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Specialized Duties and Extended Responsibilities

The role of lay magistrates in criminal cases extends beyond basic court duties. They can undertake specialist training for youth and family courts, demonstrating the diverse nature of their responsibilities.

Highlight: Magistrates may sit alongside professional judges in the Crown Court for appeal cases.

Their out-of-court duties include:

  • Continuous professional training
  • Educational activities with 'Magistrates in the Community'
  • Issuing search and arrest warrants
  • Granting custody extensions

For triable either-way offences, magistrates conduct 'plea before venue' hearings where:

  • Defendants enter their plea
  • Magistrates decide whether to accept jurisdiction
  • Defendants can choose Crown Court trial if magistrates accept jurisdiction

Quote: "Even after hearing the trial and determining a guilty verdict, the Magistrates may send the defendant to the Crown for sentencing."

Definition: Triable either-way offences are crimes that can be tried in either the magistrates' court or the Crown Court, depending on their severity and the defendant's choice.

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Law

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308

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Oct 14, 2022

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2 pages

Understanding the Role of Lay Magistrates in the UK

user profile picture

lucy <3

@lucylgx

The Role of Lay Magistrates in the UK Criminal Justice System - A comprehensive overview of lay magistrates' responsibilities, powers, and functions within the UK legal system, highlighting their crucial role in handling approximately 95% of all criminal cases.

  • Lay... Show more
<h2 id="roleoflaymagistratesintheuk">Role of Lay Magistrates in the UK</h2> <p>Inside the magistrates court, a bench of three lay magistrate

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Specialized Duties and Extended Responsibilities

The role of lay magistrates in criminal cases extends beyond basic court duties. They can undertake specialist training for youth and family courts, demonstrating the diverse nature of their responsibilities.

Highlight: Magistrates may sit alongside professional judges in the Crown Court for appeal cases.

Their out-of-court duties include:

  • Continuous professional training
  • Educational activities with 'Magistrates in the Community'
  • Issuing search and arrest warrants
  • Granting custody extensions

For triable either-way offences, magistrates conduct 'plea before venue' hearings where:

  • Defendants enter their plea
  • Magistrates decide whether to accept jurisdiction
  • Defendants can choose Crown Court trial if magistrates accept jurisdiction

Quote: "Even after hearing the trial and determining a guilty verdict, the Magistrates may send the defendant to the Crown for sentencing."

Definition: Triable either-way offences are crimes that can be tried in either the magistrates' court or the Crown Court, depending on their severity and the defendant's choice.

<h2 id="roleoflaymagistratesintheuk">Role of Lay Magistrates in the UK</h2> <p>Inside the magistrates court, a bench of three lay magistrate

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Magistrates Court Structure and Powers

The role of lay magistrates UK is fundamental to the criminal justice system. They operate in benches of three, consisting of two 'wingers' and one chairman, with the chairman being the most experienced member who addresses the court directly.

A legal adviser supports the bench with legal guidance but cannot influence decision-making, as stipulated by Section 3.28(3) of the Justice of Peace Act 1979.

Highlight: Lay magistrates handle approximately 95% of all criminal cases in the UK.

Definition: Summary offences are less serious crimes that can only be tried in the magistrates' court.

Their key responsibilities include:

  • Hearing preliminary hearings and trials of summary offences
  • Examining evidence from prosecution and defense
  • Making private deliberations with majority decisions accepted
  • Determining sentences up to 6 months imprisonment per offence

Example: In a typical trial, magistrates will hear evidence from witnesses, consider legal arguments, and sometimes hear from the defendant directly before making their decision.

Vocabulary: 'Mode of trial' proceedings are hearings where magistrates determine whether a case should be heard in the magistrates' or crown court.

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The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

I think it’s very much worth it and you’ll end up using it a lot once you get the hang of it and even after looking at others notes you can still ask your Artificial intelligence buddy the question and ask to simplify it if you still don’t get it!!! In the end I think it’s worth it 😊👍 ⚠️Also DID I MENTION ITS FREEE YOU DON’T HAVE TO PAY FOR ANYTHING AND STILL GET YOUR GRADES IN PERFECTLY❗️❗️⚠️

Thomas R

iOS user

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Brad T

Android user

Not only did it help me find the answer but it also showed me alternative ways to solve it. I was horrible in math and science but now I have an a in both subjects. Thanks for the help🤍🤍

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

I found this app a couple years ago and it has only gotten better since then. I really love it because it can help with written questions and photo questions. Also, it can find study guides that other people have made as well as flashcard sets and practice tests. The free version is also amazing for students who might not be able to afford it. Would 100% recommend

Aubrey

iOS user

Best app if you're in Highschool or Junior high. I have been using this app for 2 school years and it's the best, it's good if you don't have anyone to help you with school work.😋🩷🎀

Marco B

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮

Elisha

iOS user

This app is phenomenal down to the correct info and the various topics you can study! I greatly recommend it for people who struggle with procrastination and those who need homework help. It has been perfectly accurate for world 1 history as far as I’ve seen! Geometry too!

Paul T

iOS user