This website uses cookies to ensure you have the best experience. Learn more

Magistrates Essay

2823 words - 11 pages

Magistrates
The office of Justices of the Peace was first established over 600
years ago with the Justices of the Peace Act 1361 and Justices of the
Peace or Lay Magistrates are essential to our legal system and try (or
least deal with in some respect) 93% of all criminal cases and also
perform an important function with regard to some civil areas.

The role of the magistrates can be listed as follows:-

Ø Trying summary offences

Ø Trying offences triable either way where the accused elects for
summary trial

Ø Holding committal proceedings where the offence is TEW and the
accused elects for jury trial.

Ø Issuing summons, issuing search warrants and warrants for arrest.

Ø Dealing with applications for bail

Ø Dealing with applications for legal aid in criminal cases

Ø Dealing with applications for licences such as firearms and liquor

Ø Dealing with certain domestic matters such as maintenance orders
etc.

Ø Trying offences committed by youths in the Youth Court.

Appointment

Lay magistrates are appointed by the Minister of Constitutional
Affairs on behalf of the Crown on the advice of a local advisory
committee. These committees may either approach people or you can
apply to become a magistrate.

You must be under the age of 65 and must live within 15 miles of the
bench on which you will serve. The Ministry of Constitutional Affairs
has now issued a job description outlines the characteristics it is
felt that you need to be a magistrate but essentially it is still
considered that you should be considered an upstanding member of
community

Training

Lay magistrates rarely have any experience of the law before they are
appointed (this is actually seen as one their advantages) and so it is
necessary to give them some training to enable them to understand the
nature of their duties, to give them an elementary knowledge of the
law and the rules of evidence and to understand something of the
nature and purpose of sentencing.

This training tends to be 2 or 3 afternoon training sessions and
within the first 12 months of being appointed they must attend at
least 8 x 1.5 hour sessions usually run by the Justices’ Clerk. The
majority of their training though comes from observing other
magistrates and by actually doing the job. It should be noted though
that further courses are undertaken before the magistrate is appointed
to the Youth or Domestic Panel.

Retirement and Removal

At the age of 70, a magistrate is removed from the full list and
placed on the supplemental list. This can also occur at an earlier age
if it is considered necessary due to incapacity, infirmity or through
neglect – a magistrate must be prepared to sit at least 26 times per
year.

A magistrate can be removed for...

Find Another Essay On Magistrates

Hong Kong Magistrates trials are more inquisitorial than adversarial. Discuss

1915 words - 8 pages Hong Kong Magistrates Trials are more inquisitorial than adversarialWhen an offence has been committed there is a moral and social obligation that the perpetrator be tried and convicted. Every criminal justice system has devised a mechanism to bring about this desired effect. The hypothesis here demands an investigation of the two modes of trial that are implemented in the 'democratic' world and whether the system employed in the Hong Kong

A) Explain how lay magistrates and district judges (magistrate's court) are selected and appointed. b) Identify and discuss the advantages and disadvantages of the use of lay magistrates

2315 words - 9 pages 1a) Explain how lay magistrates and district judges (magistrate's court) are selected and appointed.Lay Magistrates can also be referred to as 'justices of the peace'. The Lord Chancellor appoints JP's. This is formally done under a document called 'commission of the peace'. This is carried out in two ways. Either in respect of counties, where it is under the recommendation of the lord lieutenant of the county and assisted by the advisory

Magistrates of Morality: How the Euthyphro Dilemma Cripples Divine Command Theory

2020 words - 8 pages the source of what is just or unjust, but rather they merely apply the rules already established from years of social progression and political influence. Thus, when Divine Command theorists argue that they have successfully conquered the Euthyphro Argument, they must be reminded that the opposite is true, and the age-old dilemma has actually reduced their deities to magistrates of morality. Works Cited Craig, W. L. (2010). On Guard

'Consider what you think are the key aims of a criminal trial and explain, with reasons, the extent to which you think the Crown Court or magistrates’

1689 words - 7 pages that would obstruct the application of justice. This essay will argue that magistrates are fundamentally poorer at addressing these aims; the Crown court accomplishes them much more effectively. There is evidence to suggest that magistrates’ verdicts are inconsistent. J. Lawrence looks at a study involving seven magistrates who were asked to consider six fictional cases of shoplifting and to explain what their verdicts would be with regards to

Write a report of a summary court hearing in a Magistrates' Court

2481 words - 10 pages Parole is advantageous to the offender, to the State, and to society as a whole for various reasons.While some commentators regard parole as an early release optionthat puts the public at unnecessary risk, others argue that parole allowsthe re-integration of offenders into the community and provides betterprospects for rehabilitation. Discuss the pros and cons of parole. Doyou think parole is currently over-utilised or under-utilised in Australia

Distinguishing between a Lay Magistrate and a Stipendiary Magistrate

1280 words - 5 pages Distinguishing between a Lay Magistrate and a Stipendiary Magistrate Introduction: - Magistrates sit on a bench in the magistrates' court and hear around 98% of all criminal cases. Many Magistrates' deal with summary offences including, driving without insurance and common assault. The Magistrates listen to the case in hand, and then have to decide weather the defendant is guilty or not guilty. They have to come up

COURT REPORT

1827 words - 7 pages INDIVIDUAL COURT REPORTINTRODUCTIONMy investigations in court will explore the varying levels of communication and interaction between participants of the court. This will be split into two main topics. Firstly, I would like to examine the magistrates, their roles and interactions with various actors and reasons behind them. Secondly, I would like to examine the roles of lawyers and their interactions with other court participants -specifically

The Methods and Techniques of Judge Dee from Celebrated Cases of Judge Dee

679 words - 3 pages attracting the adder, which killed the bride. He also tests to see the effects of the poison on the dog. When all else failed, he went to the temple to get more help on his case. Then he had a dream, which gave him a prophecy that helped him solve “The Double Murder at Dawn.” Magistrates or Mandarins have an important role in the Chinese society. Judge Dee was considered the “Father and Mother Official.” Magistrates function as a judge, jury

Criminal and Civil Law in the English Legal System

1893 words - 8 pages impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in a magistrates and crown court the evidence has to be proved beyond doubt and in a civil court evidence can be proved on a balance of probabilities

The View of Different Defendants by Police

1467 words - 6 pages The View of Different Defendants by Police This extract from Pat Carlen's Magistrates Justice describes how the police view different types of defendants. The findings have been compiled in the 1970s, practices and perceptions have dramatically improved since then. Magistrates justice involves many people including policemen, magistrates, clerks, and other supporting roles involved in the courts. Police

The Role and Proceedings in a Court

2366 words - 9 pages , county courts and several tribunals. Magistrates Courts were under the jurisdiction of local committees that were constituted under the authority of the home office until the begriming of the year 1991.Since this year, the Lord Chancellors Department took over the running of magistrates courts. The enactment of the courts act of 2003 led to the creation of her majesty’s courts service (HMCS) as the executive agency responsible for administering the

Similar Essays

Magistrates Essay

7055 words - 28 pages Magistrates Some 30 000 Justices of the Peace sit in a thousand or so Magistrates' Courts all over the country, and nearly 300 in Bristol alone. They are appointed by the Lord Chancellor on the recommendation of local committees consisting largely of existing magistrates. This process gives rise to the criticism - perhaps justified - that the selection procedures tend to favour the appointment of new magistrates whose

The Work Of The Magistrates Court And Magistrates

1995 words - 8 pages The Work of the Magistrates Court and Magistrates In the legal system there are many different types of courts. This essay talks about the Magistrates Courts and the Magistrates themselves. The office of magistrate dates back to the 12th century when Richard 1 appointed "keepers of the peace". They have performed judicial functions since the 13th century and the term, justice of the peace was being used as far back as

The Selection Process Of District Judges And Lay Magistrates

1142 words - 5 pages The Selection Process of District Judges and Lay Magistrates Lay magistrates in England and Wales are appointed by the Lord Chancellor on behalf of the Queen. In the Duchy of Lancaster they are appointed by the Chancellor of the Duchy of Lancaster. The procedure is as follows: Individuals make an application to the Local Advisory Committee, which consists of magistrates and other local people. People or

The Role And Powers Of Lay Magistrates In Criminal Cases

1173 words - 5 pages The Role and Powers of Lay Magistrates in Criminal Cases 1a) Describe the role and powers of lay magistrates in criminal cases. b) Consider whether lay magistrates are adequately trained for their work. 1a) Describe the role and powers of lay magistrates in criminal cases. For centuries the criminal justice system has allowed lay people; people who are not legally qualified to administer justice to the