Specialized Duties and Extended Responsibilities

The role of lay magistrates in criminal cases extends beyond basic court duties. They can undertake specialist training for youth and family courts, demonstrating the diverse nature of their responsibilities.

Highlight: Magistrates may sit alongside professional judges in the Crown Court for appeal cases.

Their out-of-court duties include:

• Continuous professional training
• Educational activities with 'Magistrates in the Community'
• Issuing search and arrest warrants
• Granting custody extensions

For triable either-way offences, magistrates conduct 'plea before venue' hearings where:

• Defendants enter their plea
• Magistrates decide whether to accept jurisdiction
• Defendants can choose Crown Court trial if magistrates accept jurisdiction

Quote: "Even after hearing the trial and determining a guilty verdict, the Magistrates may send the defendant to the Crown for sentencing."

Definition: Triable either-way offences are crimes that can be tried in either the magistrates' court or the Crown Court, depending on their severity and the defendant's choice.

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.