Lay Magistrates What are the duties and powers of the lay magistrates? In simple terms – what do they actually do? Explain the work of the lay magistrates? The lay magistrates are non-legally trained judges who sit in the magistrate’s court They deal with minor offences such as summary offences which can only be heard in the magistrate’s court and either-way offences which can be heard in either the magistrate’s court or the crown court depending on how serious an either-way offence they are. Magistrate’s courts make up 95% of the criminal justice system.
M1 : Compare and contrast the role and function of judges, lawyers and lay people within the English courts. Magistrates are people who volunteer in a magistrate’s court; they have no formal legal qualifications and are part of a ‘bench’ which normally consists of 3 magistrates who listen to cases. The ‘bench’ can act as a jury if the defendant pleads not guilty and can also pass sentences. If the defendant was to plead not guilty the magistrates would simply pass a sentence. There is only one person in the magistrate’s court who is a qualified lawyer and that is the clerk of the court who advises the Magistrates on points of law.
Juvenile Crime Paper Karl R. Bosman CJS/200 September 23, 2012 Reid Bagley Juvenile Crime Paper Introduction This essay states some of the differences between juvenile and adult courts. Juveniles eighteen and under have their punishment different than that of an adult unless the juvenile commits a serious crime such as murder, than the juvenile may be tried as an adult. The juvenile system looks at the punishment as a means to rehabilitate the youth. In a juvenile court, there is no jury and is closed to the public. The judge hears the case and sets forth the punishment.
They are shown to a bench where they are allocated to chair the main charges court with two other magistrates, Great efforts are made to list magistrates from all walks of life to provide a ‘mixed’ bench in every sense to hear the cases., Defendants who are found guilty in magistrates’ courts can appeal against the verdict or sentence to a more senior court. The prosecution has a more limited right to appeal, too, but only if the magistrates have made an error of law. In practice, less than 3% of decisions in the magistrates’ courts are ever appealed. An example of a case handled by magistrates is of two 19-year-old men, charged with assaulting the landlord of the pub where they had been drinking the previous night. They were told that they are not ready to enter a plea, as evidence has not been disclosed.
Jails tend to be considered the lowest security confinement. Jails play a bigger role in the criminal justice system than most people think. A prison does not come in to play until after an offender is sentenced. However, the jail will be used throughout the whole criminal justice process up to sentencing and sometimes after sentencing. Jails are used in the beginning of the criminal justice process to house suspects that are arrested for crimes.
Process of a criminal trial Criminal offences are divided into two categories; summary or indictable offences. The procedures vary according to the category of offence being prosecuted. Summary offences are relatively minor; offensive behaviour, most traffic offences and drink driving. There is no jury trial as summary offences are dealt with by a magistrate in the Local Court. Penalties range from a bond to a maximum gaol sentence of 3 years.
Criminal misdemeanors punishable by fine only (no confinement), and Magistrate functions. County level Courts which divide into Statutory County Courts , Statutory Probate Courts, Constitutional county courts. All of these are County trial courts of limited jurisdiction. The Statutory Probate Court is limited primarily to probate matters. The Statutory County Courts deals with all civil, criminal, original and appellate actions prescribed by law for constitutional county courts.
It's popular throughout Europe and British Isles. They are group of people form citizens, but not any legal person. To be precise, it is a body of persons sworn to judge and give a verdict on a given matter, especially a body of persons summoned by law and sworn to hear and hand down a verdict upon a case presented in court. There are 12 jurors on criminal jury whereas 6 juror in civil jury. The Constitution of Australia provides in section 80 that 'the trial on indictment of any offence against any law of the Commonwealth shall be by jury'.
He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing.
It deals with up to 97% of criminal cases. In the magistrate court , cases are usually heard by either the district judge or 3 lay magistrates. The magistrate court do not have members of the juries. Generally, the magistrate Court handles cases known as ‘summary offences, which included cases such as most motoring offences, minor criminal damage, being drunk and disorderly, families and children and general family matters ( contactlaw.co.uk/types-of-courts-in-the-uk.html). The magistrate court grants warrants, summons and bail applications.