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What qualities do you need to be a magistrate?
Good character Understanding and
communication Social awareness Maturity and sound
temperament Sound judgement Commitment and
reliability
What cases are dealt with in the magistrates’ court?
All criminal cases start out in the Magistrates court.
95% of cases are dealt with fully in the Magistrates court
5% of cases go to the crown court Crown Court
Magistrates Court
Youth Court Justice
The youth court is for 10-17 year olds and is in a less formal setting
Specially trained magistrates sit here.
Sentences aimed at changing behaviour and attitudes are issued.
Parents are often involved in the outcome
The family proceedings court
Protection of children
Contact
Adoption
Parental Responsibility
Specially trained magistrates sit in the family proceedings court and deal with issues arising out of family breakdown. Such as:
From crime to court
Crime Committed
Arrest made
Taken to custody suite and charged
Sent to court for plea to be taken
What happens next?
The defendant appears in court and pleads guilty or not guilty If they plead guilty they will be sentenced. If they plead not guilty a trial will
follow and the court will have to decide on their guilt.
Sentencing intention
Punishment Reduction in crime/ deterrence Reform and rehabilitation Protection of the public Reparation
Can be all or some of these
Sentencing Structure
Offence seriousness (culpability & harm)
Identify starting point
Consider aggravating & mitigating factors
Form preliminary view of appropriate sentence
Consider offender mitigation
Consider reduction for guilty plea Consider ancillary orders(e.g. compensation)
Decide sentence & give reasons
Consequences after court
Loss of job Public shame Criminal record Visa and travel restrictions Higher insurance premiums