i.e. powers, types of cases Magistrates “…a democratic jewel beyond price”: Lord Bingham

 Magistrates ->  High Court (QBD, “by way of case stated”) or Crown Court (conviction and/or sentence)  Court of Appeal  Supreme Court

 C. 29,000 magistrates  C. 1,000,000 cases/year  95% of all criminal cases (though they are involved in 100%)

 Between 2 and 7 magistrates can sit but there are usually 3 on the BENCH.  They hear cases where offences are SUMMARY or “ Triable Either Way”.  They cannot hear cases of INDICTABLE offences.

 The accused can plead guilty to the offence. (80% - 90% do so).  If it is a summary offence, the magistrate has only one role – sentencing.  If it is triable either way he can sentence or transfer the prisoner to the crown court for sentencing.  If it is an indictable offence he will transfer the prisoner to the crown court for sentencing.

 If the accused pleads not guilty or does not enter a plea he will be tried by the magistrate if the offence is summary and by the crown if it is indictable.  If it is T-E-W, the accused may insist on his/her right to trial by jury.  If the accused accepts trial by magistrate, the magistrate may prefer committal to the Crown Court

 Magistrates will read the PSR from the probation service.  Maximum sentencing powers: 6 months / £5000

  The Courts Act 2003:  Summary of the Auld report (2001):

 Not enough magistrates are young people. Prepare a 2 minute recruitment speech and present it to the class.