Courts

• What is the role of a Lay Magistrate in the Magistrates' Court?


  Ordinary citizens trained to preside over cases
• What does a Legal Advisor do in the Magistrates' Court?


  Provides legal guidance to magistrates
• Who is a District Judge in the context of the Magistrates' Court?

  Full-time, legally qualified judges
• What is the role of Advocates in the Magistrates' Court?

  Legal professionals representing defendants or prosecuting
• How many defendants were there in the Magistrates' Court according to the March 2020 statistics?

  1,125,567 defendants
• What percentage of cases are dealt with by Magistrates' Court according to the March 2020 statistics?

  Approx. 95%
• What are the key differences between Lay Magistrates and District Judges?

  • Lay Magistrates: Trained volunteers, limited sentencing powers
  • District Judges: Legally qualified, broader sentencing powers
  • Lay Magistrates: Panel of three, District Judges: Single judge
  • Lay Magistrates: Handle simple cases, District Judges: Handle complex cases
• What was the conviction rate for defendants in the Magistrates' Court?

  Approx. 96% convicted
• What are the types of sentences imposed by Magistrates' Court?

  • Fines: 901,399 (82%)
  • Community orders: 76,890 (7%)
  • Custody: 32,538 (3%)
  • Suspended Sentence: 21,664 (2%)
  • Other: 47,521 (6%)
• What are the strengths and weaknesses of Lay Magistrates compared to District Judges?

  Strengths of Lay Magistrates:

  • More representative of the community
  • Local knowledge and understanding
  • Less case hardened

  
  

  Weaknesses of Lay Magistrates:

  • Limited legal training
  • Potential for unconscious bias
  • Less efficient in managing complex cases
• What does the term "case hardened" refer to in the context of Magistrates?

  Familiarity with repeat offenders
• What is the conviction rate for trials in the Magistrates' Court?

  ~54%
• What is a limitation of juries in understanding legal issues?

  Reliance solely on factual aspects
• What is the conviction rate for trials in the Crown Court?

  ~65%
• What percentage of CPS cases in Magistrates' Court were guilty pleas in 2019/20?

  78%
• What is the significance of the ECHR, Article 6 regarding legal representation?


  It guarantees free legal representation when necessary
• What percentage of Magistrates are female according to the Judicial Diversity Statistic 2019?

  56%
• What is the average age of Magistrates?

  58 years
• What are the issues regarding representation in the Magistrates' Court?

  Concerns about access to legal representation
• What is the significance of the Crime and Disorder Act 1998 in relation to indictable only cases?

  It mandates sending indictable only cases to Crown Court
• What is the maximum prison sentence a Lay Magistrate can impose for multiple offenses?

  12 months
• What is the maximum prison sentence a Lay Magistrate can impose for one offense?

  6 months
• How many defendants were sentenced in the Magistrates' Court?

  1,084,473 sentenced
• How does the role of a Jury differ from that of a Lay Magistrate?

  Jury deals only with factual issues
• What is the conviction rate when a case proceeds to trial in the Crown Court?

  Approx. 65%
• What does the term "CJSSS" stand for?

  Criminal Justice Simple, Speedy, Summary
• What is the purpose of the Leveson Review in relation to criminal proceedings?


  To improve efficiency in criminal proceedings
• What are the key principles of Crime Control vs Due Process in the context of Magistrates' Courts?

  • Crime Control: Focus on efficiency and speed
  • Due Process: Ensures fairness and rights
  • Balance between swift justice and legal rights
• What is the 'Widgery Criteria' in relation to legal representation?

  Merits test for interests of justice
• What does the term "Transform Justice" refer to in the context of unrepresented defendants?


  Study on experiences of unrepresented defendants
• What is the role of Lay Magistrates in the Magistrates' Court?

  They are trained volunteers presiding over cases
• How do Lay Magistrates differ from District Judges?

  Lay Magistrates lack full legal qualifications
• What are the main legal processes handled by the Magistrates' Court?

  • Civil preventative orders
  • Warrants for further detention (s.43 & s.44 PACE 1984)
  • Warrants for Entry & Search of Premises (s.8 PACE)
  • Applications under the Proceeds of Crime Act 2002
  • Applications under the Police Property Act 1897
  • Applications under the Dogs Act 1871
• What legal process should a police officer apply for to search a suspect's premises?

  Warrant for Entry & Search of Premises (s.8 PACE)
• How many defendants were convicted in the Magistrates' Court in 2020?

  1,108,454 defendants
• What was the percentage of defendants who received a not guilty verdict in 2020?


  1. 5%
• What was the sentencing breakdown in the Magistrates' Court in 2020?

  • Fines: 901,399 (82%)
  • Community Orders: 76,890 (7%)
  • Custody: 32,538 (3%)
  • Suspended Sentences: 21,664 (2%)
  • Other: 47,521 (6%)
• What percentage of CPS cases concluded with guilty pleas in 2020?

  78%
• How many defendants were committed to the Crown Court for sentencing in 2020?

  23,981 defendants
• What are the maximum sentencing powers of Lay Magistrates?

  • 6 months for a single offense
  • 12 months for multiple offenses