• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The Work of the Magistrates Court and Magistrates

Extracts from this document...

Introduction

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 1361. Magistrates were in charge of the police up until 1839. Paid magistrates have existed since the late 18th century and they have had to be legally qualified since the mid 19th century, when it was decided they must be barristers. Lay magistrates in England and Wales, except in the Duchy of Lancaster, are appointed by the Lord Chancellor on behalf of the Sovereign. Candidates are recommended to the Lord Chancellor for appointment by his local advisory Committees. These consist of magistrates and other local people. The Lord Chancellor will consider a candidate's personal suitability for appointment regardless of ethnic origin, gender, marital status, political affliction, religion or (depending on the physical requirements of the office) disability. Preparation for becoming a magistrate involves induction evenings, training days and visits to prisons and young offenders institutions. ...read more.

Middle

Magistrates should also be prepared to sit for a whole day if necessary. 70 sittings a year is the maximum for those sitting solely in the adult courts, but there is a maximum of 100 for those also sitting on specialist panels. In court a half day sitting is counted as one attendance. Sittings in the morning and afternoon of the same day count as two attendances but the afternoon sitting must be a minimum of one hour long. Sittings in the adult court, licensing and betting committees, if they meet on separate occasions, also count as one attendance. Members of specialist committees are responsible for the administration of liquor licensing system and for the grant or refusal of applications for licences and permits relating to betting and the registration of gaming clubs, although, most magistrates carry out some routine licensing work. Magistrates are expected to play a part in the life of the bench and where possible, attend bench meetings e.t.c. They are expected to deal, at home, with requests for warrants for arrest and search and to take declarations of various kinds. They may also undertake work out of court, as members of committees, such as an MCC. A magistrates's court committee (MCC) ...read more.

Conclusion

Indictable offences include murder, rape , armed robbery and serious assault. An indictment is the formal document that sets out the charge or charges against the defendant. This is where these types of offences get their name from. If a defendant is found not guilty, they are free to leave the courtroom but if they are found guilty it is then the magistrates's job to decide a suitable sentence. Magistrates have limited sentencing powers so they may pass the case over to another court, such as the Crown Court, if they think their sentencing powers are insufficient. If a defendant has chosen for their case not to be heard in the magistrates court they will usually tried in the Crown Court. The Crown Court has a lot more sentencing power then the magistrates court so a downside to this choice is if they are found guilty they are likely to have a harsher punishment than a magistrates court would give. For a single criminal offence committed by an adult, a magistrates sentencing powers include the imposition of fines, community service orders, probation orders or a period of time in custody. Magistrates cannot normally order sentences which exceed 6 months (or 12 months for consecutive sentences) or fines exceeding �5000. Magistrates may also sit in the Crown court with a judge to hear appeals from magistrates's courts against conviction or sentence and proceedings on committal to the crown court for sentence. Lisa Andersen ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Police powers

    4 star(s)

    Tyrone is taken to the local police station. Advice Tyrone on whether the police officer acted lawfully within his power. (June 2001)? In order to stop, investigate and reduce crime, the police needs certain powers and parliament has given them the power to stop, search, arrest and detain suspects at the station.

  2. Marked by a teacher

    Part-time judges in the Magistrates Court.

    3 star(s)

    Theses are Early Administrative Hearings or committal proceedings, and the decide bail applications and whether the defendant should be refused bail and instead are put on remand until his/her case comes up in the Crown Court before a jury. Criminal cases are tried in either the Magistrates Court or Crown Court.

  1. Criminal Law (Offences against the person) - revision notes

    Criminal offence was the possession of heroin (was seen as likely to do harm) Convicted of voluntary manslaughter R v Dalby (1982) - Similar to Cato Dalby convicted on same legal grounds as Cato. He appealed saying the drugs being used were not illegal but prescribed.

  2. essay discussing the advantages and disadvanteges of lay magistrates

    Although it costs nothing to become a magistrate there is ill feeling to the job by people who wanted to pursue law as a career but as they couldn't afford it didn't. This means that although there are many people who would have like to do law but couldn't afford

  1. Describe the role and powers of lay magistrates in criminal cases. b) Consider whether ...

    Core training - this provides the new magistrate with the opportuntiy to gain and develop new skills, knowledge and understanding and lastly Activities - these will involve observations of court sittings and visits to establishment such as prison or a probation office.

  2. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    So too does Trevet's sultaness act out of concern that her son's conversion imperils the future of Islam in Syria (Chron. 8). Yet the Man of Law alone creates a desire for conventionally male power in his sultaness, inventing for her a scene that anticipates the council in hell in

  1. To What Extent Have the Main Aims of the Land Registration Acts Been Met?

    These statutory provisions, however, provide a significant flaw in the registered system because compensation is not available to every individual who suffers a loss. Under r13 of the Land Registration Rules (1925), minor slips to not require formal rectification. The cases where the register may be rectified are provided by s82.

  2. Describe the main differences between solicitors and barristers with regard to training and work ...

    However when it came to work outside of the court, both solicitors and barristers could be sued in the tort of negligence. During the trial, Lord Wilberforce said "In principle, those who undertake to give skilled advice are under a duty to use reasonable care and skill."

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work