Role of Lay Magistrates Model Answer

• The role of Lay Magistrates is varied. Before a trial, lay magistrates may deal with bail applications. Under the Bail Act 1976, there is a presumption that bail should be granted unless there is justification to refuse it such as poor bail record, no fixed address or the seriousness of the charge. If bail is refused then a remand hearing will be held to decide whether a suspect should be kept in prison until their trial date. The Magistrate will hear evidence form the police, prosecution and defence. Furthermore, under the Access to Justice Act 2003, anyone charged with a criminal offence can apply to the magistrates to be represented by the Criminal Defence Service so magistrates will hear legal aid applications. This is based on the 'merit' test and will consider factors such as; is the defendant likely to receive a custodial sentence.
• A magistrate’s main role is to deal with criminal trials and sit as a bench of three assisted by a legal clerk in the Magistrates Court.  All criminal cases start at the Magistrates Court despite what category of offence they are.  There will be an Early Administrative Hearings to hear from the Prosecution and Defence what evidence, witnesses and special requirements are needed for trial.  
• All summary offences (eg assault/battery), least serious offences, are tried at the Magistrate’s Court. This accounts for 97% of criminal cases and one million cases per year which means Lay Magistrates have a very large workload. Lay Magistrates will deal with every aspect of the case, listening to the prosecution and defence’s cases, deciding on matters of fact and returning a unanimous verdict of guilty or not guilty. They will pass sentence if guilty (in around 80% of cases).
• Lay Magistrates also deal with some triable either way offences, such as theft/ABh, which can be tried at either the Magistrates or the Crown court depending on severity. A ‘plea before venue’ hearing will initially take place for the defendant to enter a plea. If they plead NOT guilty then the magistrates will conduct a ‘mode of trial’ hearing to decide where the case will be tried. Lay magistrates will accept jurisdiction if they have sufficient sentencing powers as they can only give up to 6 months in prison and a £5000 fine. If this occurs, the defendant will be given the choice to elect which court they want the case heard in and this is where it will be tried. Rejection of jurisdiction by the Magistrates however will mean that the case is transferred to the crown court.
• For indictable offences, the most serious crimes such as murder, Lay Magistrates will conduct transfer proceedings and commit these cases to the crown court to be tried.
• Magistrates also deal with sentencing hearings for those who they have convicted or defendants who have pleaded guilty. After hearing statements regarding aggravating factors from the prosecution and a plea in mitigation from the defence the Magistrates will pass sentence. If they have insufficient sentencing powers the case can be transferred to the Crown Court for sentencing
• Alternatively, lay Magistrates can sit with a district judge in the crown court to hear appeals against conviction or sentence from the Magistrate’s Court.
• Lay magistrates also deal with specialist work. This involves the Youth Court which deals with offences committed by minors aged 10-17, but special training is needed. They can also sit in the Family Proceedings Court to deal with family cases including domestic violence, adoption and custody issues if they have further training.
• Additionally, magistrates can deal with civil work. This includes cases such as late payment of a TV licence or none payment of council tax, issuing betting licenses and hearing appeals for licences from the local authority.
• Finally, they can carry out administrative work which includes issuing search and Arrest warrants to the police for use under the Police and Criminal Evidence Act 1984.