Monday, January 18, 2010

What is the role of lay Magistrates in civil and criminal cases?

Magistrates have no role in civil law. They deal with minor criminal cases and pass on the serious ones to the Crown Court.What is the role of lay Magistrates in civil and criminal cases?
As a magistrate, you will sit in your local magistrates' court dealing with a wide range of less serious criminal cases and civil matters.





Magistrates sit on a 'bench' of three (an experienced chairman with two other magistrates) and are accompanied in court by a trained legal advisor to give guidance on the law and sentencing options.





Magistrates鈥?courts are the first tier within our justice system. They comprise:





掳 The Adult Court 鈥?for criminal cases involving people over 18.


掳 The Youth Court 鈥?for cases involving young people aged


from 10-17.


掳 The Family Proceedings Court 鈥?where some family disputes


are settled.


掳 The Civil Court 鈥?for civil cases and other matters like enforcing Council Tax or dealing with some licensing appeals.





Defendants who are found guilty in magistrates鈥?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鈥?courts are ever appealed.





The Ministry of Justice booklet, 'Serving as a Magistrate', has more information about the Magistracy and the role of magistrates at http://www.direct.gov.uk/en/CrimeJustice鈥?/a>

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