Magistrates Court Structure and Powers

The role of lay magistrates UK is fundamental to the criminal justice system. They operate in benches of three, consisting of two 'wingers' and one chairman, with the chairman being the most experienced member who addresses the court directly.

A legal adviser supports the bench with legal guidance but cannot influence decision-making, as stipulated by Section 3.28(3) of the Justice of Peace Act 1979.

Highlight: Lay magistrates handle approximately 95% of all criminal cases in the UK.

Definition: Summary offences are less serious crimes that can only be tried in the magistrates' court.

Their key responsibilities include:

• Hearing preliminary hearings and trials of summary offences
• Examining evidence from prosecution and defense
• Making private deliberations with majority decisions accepted
• Determining sentences up to 6 months imprisonment per offence

Example: In a typical trial, magistrates will hear evidence from witnesses, consider legal arguments, and sometimes hear from the defendant directly before making their decision.

Vocabulary: 'Mode of trial' proceedings are hearings where magistrates determine whether a case should be heard in the magistrates' or crown court.