Judicial precedent - an overview

Criminal courts and lay people - an overview

Criminal courts, appeal courts and classification of offences

·         100% of criminal cases start in the magistrates court

·         Magistrates deal with things like bail and legal aid

·         If the case is triable either way then it will take place in the Crown court with a judge and a jury

·         If defendant wishes to appeal he would appeal to Court of Appeal

·         Can appeal against conviction and sentence

OR

·         Can also appeal to the Queen’s Bench Divisional Court of the High court on a point of law

·         Final appeal is to the Supreme court

Role and powers of lay magistrates

·         Adult court – deal with criminal cases for ages 18+

·         Youth court – hear cases for people ages 10-17

·         Decide on guilt and sentence

·         Deal with bail applications and conditions for bail

·         Deal with transfer hearings

Advantages of lay magistrates

	Advantage
Cross section of society	Involves members of community and wide section of society than professional judges 49% of magistrates are women
Local knowledge	They know about local events, patterns of crime and local people’s opinions
Cost	Cheaper to have unpaid magistrate Cost of unpaid magistrate is £52.10 per hour and is cheaper than a District judge which is £61.78
Few appeals	Few defendants appeal and those that do against are sentenced not guilty Saves time

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