The duties of Magestrates and Juries.

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Law Homework 7: Lay People                5/4/07

Daniel Shuck

Part A)

Magistrates have a large range of duties, but they are mainly connected to criminal cases, totaling more than two million cases a year. However, Lay Magistrates deal with some civil cases; these tend to be family cases. Out of all criminal cases, 97% of them are dealt with by Lay Magistrates and in the other 3%, Lay Magistrates will hear the preliminary hearings, such as Early Administrative Hearings, and some Committal proceedings. To hear family cases including protection orders such as the protection against violence there is a special panel of Magistrates.

Lay Magistrates will also decide bail after a suspected offender has been arrested and charged. The defendant may be released on bail by the police, but it is otherwise the magistrates' duty to decide whether he should be bailed or remanded in custody pending trial.

 In a summary trial the magistrates are the sole judges of fact and law (though they may seek the Clerk's advice on matters of law), and must determine an appropriate sentence in the event of a conviction. Lay Magistrates may also enforce debts owed to utilities such as electric, gas or water companies, and will deal with the non-payment of council tax or television licenses. The power to grant licenses on the sale of alchahol and gambling or betting is given to Lay Magistrates.

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Lay Justices form a panel with a qualified judge to hear appeals in the crown court and trained Justices that have been specially nominated hear criminal charges against offenders aged 10 to 17 in the Youth Court. These Magistrates must be under 65 and the panel must have a member representing both genders.

The fact that magistrates have no legal qualifications is not generally a problem, because over 90% of defendants plead guilty and most of the contested trials turn on issues of fact rather than law, such as conflicting evidence. There can even be advantages in using ...

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