zlA magistrate has sentencing restrictions and can give a maximum of 6 months prison, £5000 fine. A clerk will sit in court with the magistrates and provide legal information for the lay magistrates. A clerk can give legal advice but not take part in decision making process. In the case of R v Eccles Justices, the conviction was quashed where a clerk was thought to have influenced the magistrate’s decision.
There are several procedures that magistrates will conduct in Magistrate Courts. In triable either way offences, where there is a ‘not guilty plea’, magistrates will decide on the mode of trial by taking into account the seriousness of the case, and defendants prior conviction and whether they are likely to have sufficient sentencing powers. Where an offender has been convicted or had pleaded guilty, magistrates can refer the offender to the Crown Court for sentencing this is called Committal for Sentence). However, for indictable offences, magistrates will send for trial in Crown Court after first hearing. This is under s51 of the Criminal Justice Act 2003.
Advantages
Magistrates do receive training and can consult a clerk on technical matters. Training has improved.
Magistrates are representatives of the community. Anyone can volunteer as a lay magistrate with the result of the position can be held by members of any occupation. Lay involvement ensures that courts are aware of community concerns. They represent society. As they usually live within a reasonable distance in which they sit, they may have a clear view of local life compared to judges.
It is also less expensive that the jury system. Magistrate’s decisions tend to be accepted and they process claims quicker. They are cheaper than stipendiary magistrates and District Judges as well as the cost of trial being cheaper than Crown Court.
Disadvantages
Different social backgrounds may not be representative of the community. This may be due to financial reasons as Magistrates are required to commit to 26 half days each year. Although magistrates are given loss of earning allowances, it is usually inadequate.
This leads to most magistrates being 40 and above. They may not understand the problems faced by the younger generation. There are also a very small number of ethnic minorities. But still wider range of backgrounds compared to judges. Training may be insufficient. Sentencing may differ in similar cases in different areas. Police may be favoured as they automatically believe police evidences.
