Magistrates and the English court system

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                                                   Magistrates

Magistrates play an important part in the English court system. There organisation was reformed under the, “police and magistrates courts Act 1994”. They are run by the Lord Chancellor.

     There are about 30,000 lay magistrates trying over one million cases and 20 times the number tried in Crown Courts.

    Magistrates are appointed by the Lord Chancellor on recommendation from voluntary groups such as, “trade unions local political parties, and other organisation. However individuals also can put their name forward personally.

    The qualification needed to become a magistrate include:

  • Magistrates must be under 65 and live within 15 miles of the area for which they act.
  • In practice magistrates must be able to devote on average of half a day, a week to the task.

There also few people who are excluded to become a magistrate these people are:

  • Police officers, traffic wardens and members of the armed forces.
  • Those with certain criminal convictions and undercharged from bankrupts.

To become a magistrate the candidates must have six important key qualities to see how suitable candidates are, this is:

  • good character
  • understanding and communication
  • social awareness
  • maturity and sound temperament
  • sound judgement and commitment
  • reliability

 

Magistrates have many roles in the courts these are, criminal jurisdiction, civil jurisdiction also they have major roles in youth court.

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   In, “criminal Jurisdiction”, magistrates sit in groups of 3 and have 4 main functions, these are:

  • Hearing applicants for bail and legal aid
  • Trial of all summary and the majority of, “either way”, offences. They are advised on matters of law by justices’ clerk, but they alone decide the facts, the law and where they convict, the sentence.
  • Appeals- in ordinary appeals against conviction from the magistrates courts to the Crown Court, (usually two) magistrates sit with a circuit judge.
  • Dealing with requests for arrest and search warrant from the police.

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