Lay Magistrates Essay

Lay Magistrates

Magistrate Court is where all summary and some triable-either way offences are heard , they hear 95% of the cases a year and the rest 5% are referred to the Crown Court as they are too serious to be heard in the Magistrates Court.

In the Magistrate Court there are three lay magistrates who sit on a bench at once. A lay magistrate is a person who has volunteered to contribute and work, they do not get paid and do not need any legal qualifications however they must carry out a special magistrate training in order to do this work, and must work 13 full days a year. The Lay Magistrate’s duty is to hear all the evidence in the case and then make a decision on the innocence or the guilt an eligible adviser helps them although if they won’t be able to decide then a chairman decides for them.

Other than hearing trials magistrates will also hear preliminary hearings and hear appeals. Their role in appeals is that there will be two magistrates sitting with a judge and hear appeals. A sentencing power the magistrates have is that for one offence they can sentence up to 6 months in prison and a 5,000 fine and for more than on it can be up to 12 months in prison and a 5,000 fine. Once the Magistrates have been in post for two years and with further training they can sit in the Family Court, Youth Court or they

In the Crown Court the defendant will be represented by a barrister. The barrister’s role is to advise the defendant of the weaknesses and strengths of their case before the start of the trial in the Crown Court. Barristers will represent the defendant in bail hearing and pre-trial matters in the Crown Court. The barrister’s job is also to represent the defendant in a trial at the Crown Court, examining and cross-examining witnesses and also lead evidence to support the