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Sunday, October 23, 2016

Describe the Role and Power of Magistrates

in that respect argon some(prenominal) 30,374 lay magistrates in England and Wales, 15,858 hands and 14,516 women, appointed by the captain chancellor or the Chancellor of the Duchy of Lancaster, in the throw of the diadem. Magistrates be popular members of the burstnership who sit in the Magistrates mashs and who shell out justice at the terminal level of the side romance system. They are unpaid for what they do and thitherfore are non servants of the Crown. This supports their position of impartiality amidst the Crown and the public whom they serve. English lay magistrates are non learned in the justness - they do not handgrip legal qualifications, nor have they officially studied law to whatever level other than that which they may have done at school. There may be some exceptions - there are legal professionals who are withal lay magistrates - but the enormous majorities are just ordinary members of the public. They do, however, undergo a extensive amou nt of training so that they stomach perform their judicial functions correctly and within the law. There are three Magistrates (also cognize as justices of peace) who make decisions in court. Only one magistrate has very limited powers e.g. warrants. Magistrates take part in summery trials, dedication proceedings, and ancillary matters e.g. issuing warrants, trammel applications, and youth court and family court. Cases perceive in the Magistrates Court are termed summary cases and are, supposedly, to be dealt with cursorily with summary justice. These tend to be the simple, petty crimes of everyday existence. The Magistrates Court used to be know as Petty Sessions. For much serious crimes the accused is charged on indictment and move to the Crown Court to be act there. In between summary and indictable crimes there are a intact range of offences that are termed either-way offences. These are offences that vary in their seriousness. The topper example of an either-way of fence is theft. These offences can either be tried summarily by the magistrates or sent up to the Crown Court. The process of deciding where an either-way offence provide be hear starts with what is known as vindication Before Venue. The accused is asked to guide whether he will assert guilty or not guilty. If he indicates he will plead guilty, thus the magistrates instanter accept the case and accent it as if it were from the start a summary offence. There then follows what is...If you want to get a full essay, order it on our website:

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