AO1 - Role of Magistrates

• There are 16,000 magistrates sitting as unpaid, part-time judges in 330 magistrates courts in England and Wales - they hear cases on a bench of 2 or 3
• Magistrates try 94% of all criminal cases and the other 6% at a preliminary level - indictable offences get transferred to the Crown Court
• They hear trials for all summary and the majority of Triable Either Way (TEW) offences - they decide guilt and pass verdict
• At the end of the trial (or if the D pleads guilty), the magistrates have the role of passing sentence, if they believe they do not have enough sentencing power then they send the offender to the Crown Court for a higher sentence
• Magistrates listen to preliminary hearings:

  • Early Administrative hearings - D tells the court what the facts of the case are, these are recorded before the main trial
  • Bail Applications - D applies to be released from custody before trial
  • Remand Hearings - Bail has been refused once, the D makes a second application and stays in remand whilst it is being considered
• Some magistrates are specially trained to deal with young offenders between 10-17 years old, they sit in the youth court and the panel must include at least one man and woman
• Magistrates can sit in the Crown Court to hear Magistrates Court appeals - two magistrates form a panel with a qualified judge, they hear evidence and pass verdict (sentence if required)
• Magistrates hear warrant applications from the police, they sign the warrant which gives the police permission to search private premises. They can also hear an application to extend a detention period from 36 hours to possibly 96
• Every bench has a magistrates clerk, which is known as a legal advisor - they have to be a qualified solicitor or barrister for at least 5 years and will guide magistrates on law, practice and procedure which was set out in s.28(3) Justices of the Peace Act 1979