The Role of Magistrates
- teachlawhub
- Sep 14
- 4 min read
Updated: Oct 19
Magistrates are lay people, which means that they have no formal legal training. They are volunteer judges who sit in the Magistrates Court and play a vital role in the justice system. Despite being volunteers, they deal with the vast majority of criminal cases. In fact, magistrates handle around 97% of all criminal cases from start to finish.
To become a magistrate, there are no formal academic qualifications needed. Instead, applicants must:
Be aged between 18 and 74 (they must retire at 75).
Live or work in the local area.
Be able to commit to sitting for at least 26 half days each year.
Magistrates will have an important role to play within all criminal cases, within this blog we will explore their role of Magistrates within summary, triable either way and indictable offences.
The Role of Magistrates in Summary Offences
Summary offences are the least serious offences, such as assault, battery and minor motoring offences. Magistrates deal with these cases entirely within the Magistrates Court.
One of the first things magistrates do is hold early administrative hearings. This hearing will take place at the start of a case and will cover practical matters such as confirming the defendant’s details, deciding if the defendant should be granted bail or remanded in custody, and setting dates for future hearings. This helps to keep the cases moving efficiently through the courts.
Next the Magistrates will hear the defendant’s plea, if the defendant pleads guilty the case will go straight for sentencing and Magistrates can pass the sentence. They have a wide variety of sentencing powers including non-custodial sentences, unlimited fines and they can give a maximum prison sentence of up to six months in prison for one offence or 12 months in prison for two offences.
If the defendant pleads not guilty, a trial will be held in Magistrates Court, here the magistrates will hear the evidence from both the prosecution and defence, they will decide if the defendant is guilty or not guilty. If they find that the defendant is guilty then they will pass an appropriate sentence.
The Role of Magistrates in Triable Either Way Offences
Triable either way offences are more serious crimes, such as theft and ABH , these cases can be heard either in the Magistrates Court or the Crown Court. Magistrates deal with these cases in several stages.
Firstly the Magistrates will hold an early administrative hearing where they will decide if the defendant should be allowed bail or remanded in custody. They will also deal with legal funding and the other administrative matters as discussed above.
The next hearing that will be held is known as a plea before venue hearing, this is where the defendant must state whether they plead guilty or not guilty.
If the defendant pleads guilty, The magistrates must decide if they have the power (jurisdiction) to sentence the defendant. If they do have jurisdiction, they will arrange a sentencing hearing in the Magistrates Court and pass a sentence using the sentencing guidelines. If they do not have jurisdiction (for example, if the offence is too serious for their sentencing powers), they will send the case to the Crown Court for sentencing.
If the defendant pleads not guilty, A Mode of Trial hearing takes place. This is where magistrates decide if they have jurisdiction to hear the case/trial and whether the case is suitable to be heard in the Magistrates Court or whether it should go to the Crown Court. If magistrates accept jurisdiction, they will hold a trial in the Magistrates Court, hear evidence from both sides, reach a verdict, and then either sentence the defendant themselves or send the case to the Crown Court for sentencing if it is too serious. If magistrates refuse jurisdiction, they will commit/send the case to the Crown Court for a full trial. The defendant can choose to have their case heard in Magistrates or Crown Court.
The Role of Magistrates in Indictable Offences
Indictable offences are the most serious crimes, such as murder or Section 18 GBH. Magistrates do not try these cases but they do play an important role at the start.
They will hold the early administrative hearing where they will decide on bail and legal funding before committing/sending the case to the Crown Court for trial.
Other Roles:
Some are specially trained to work in the Youth Court, where they hear cases involving young people aged between 10 and 17. Magistrates can also be involved in the Crown Court, where they will sit alongside a professional judge to hear appeals for the Magistrates Court.
Overall:
Magistrates play a crucial role in the justice system. As volunteers without legal training, they handle the majority of criminal cases, making important decisions at every stage, from early administrative hearings to sentencing in summary and some triable either way cases. Even in the most serious indictable cases, they are responsible for important decisions before passing the case on to the Crown Court, they are a vital part of the English Legal System.
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