What are the roles of magistrates?
What are the roles of magistrates?
Magistrates deal with over 90% of criminal cases and a substantial proportion of non-criminal work, including family law cases. In court, they usually sit as a panel of three—an experienced chair and two ‘wingers’—supported by a trained legal adviser, who is an assistant to the justices’ clerk.
What are the magistrates and what is the government role?
Although their precise duties may change from district to district, Magistrate Judges often conduct mediations, resolve discovery disputes, and decide a wide variety of motions; determine whether criminal defendants will be detained or released on a bond; appoint counsel for such defendants (and, in the misdemeanor …
Who Cannot be a magistrate?
There are only a few exceptions: Police officers, traffic wardens and members of the armed forces cannot become magistrates. This is to make sure that magistrates are impartial. Some criminal offences can prevent a person from becoming a magistrate.
How much does a magistrate earn UK?
The average magistrate salary in the United Kingdom is £20,402 per year or £10.46 per hour. Entry level positions start at £17,004 per year while most experienced workers make up to £54,516 per year.
Can a Magistrate send you to jail?
If the case is to be dealt within a magistrates’ court, the defendant(s) are asked to enter a plea. If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine of an unlimited amount.
What are the disadvantages of magistrates?
Disadvantages
- Prosecution Biased- As untrained , they may side with the police.
- Inconsistent-May forget sentences due to working only 13 days a year.
- Case Hardened-May judge defendants on a case before.
- Unrepresentative of society- Only people with free time.
How hard is it to become a magistrate?
While a magistrate requires no legal qualifications or external training, a judge is required to have legal qualifications, and to have worked within the legal profession for a minimum of 5 to 7 years after completing their legal qualifications.
Do magistrates get paid?
Magistrates are not paid for their services. However, many employers allow time off with pay for magistrates. If you do suffer loss of earnings you may claim a loss allowance at a set rate. You can also claim allowances for travel and subsistence.
Is a judge the same as a magistrate?
Introduction. Judges and Magistrates are responsible for deciding cases by interpreting and applying the law. Magistrates often have a narrow scope of authority and they hear short and less complex matters. Judges, on the other hand, have great authority over matters and generally hear larger, more complex cases.
What are the advantages of lay magistrates?
Using ordinary people as magistrates has many advantages:
- A wider range of people deal with cases, this would not be possible if magistrates had to be qualified.
- Magistrates often have local knowledge of the area they are working in.
- There are very few appeals about decisions made by magistrates.
- It saves money.
Who are the lay magistrates?
In the legal system of England and Wales, there is a history of involving lay people, namely people from the local community who are not required to hold any legal qualifications, in the judicial decision-making process of the courts. They are called justices of the peace or magistrates.
How much do magistrates get paid UK?
Magistrates are not paid, but many employers allow their employees time off with pay. If you lose out on pay, you can claim an allowance at a set rate, as well as allowances for travel and subsistence.