"Judges, magistrates and tribunal members sit in many jurisdictions, and the way in which court proceedings are conducted across these jurisdiction can be very different - from adversarial cases involving lawyers, to sitting informally round a table discussing issues with the judge."
Magistrates' roles in court
Magistrates hear less serious criminal cases including motoring offences, commit serious cases such as rape and murder to the higher courts, consider bail applications, deal with fine enforcement and grant search warrant and right of entry applications. They may also consider cases where people have not paid their council tax, their vehicle excise licence or TV licences.
All magistrates sit in adult criminal courts as panels of three, mixed in gender, age, ethnicity etc whenever possible to bring a broad experience of life to the bench. All three have equal decision making powers but only one, the chairman will speak in court and preside over the proceedings. The two magistrates sitting either side are referred to as wingers.
Most of the cases are brought to court by the Crown Prosecution Service but there are other agencies that prosecute more unusual cases such as RSPCA, Environment Agency, Department of Work and Pensions, English Nature etc. There is a huge breadth of legislation and although there may be many similar cases of the same offence, the details of both the individual offence and the offender can vary considerably.
Where a defendant pleads not guilty a trial will be held where the magistrates listen to, and sometimes see, evidence presented by both the prosecution and defence, decide on agreed facts and facts in dispute, decide which evidence they believe is the truth and consider whether the case has been proved beyond reasonable doubt.
Having found someone guilty or when someone has pleaded, the magistrates proceed to sentence using a structured decision making process and sentencing guidelines which set out the expected penalty for typical offences. They will also take note of case law and any practice directions from the higher courts and are advised in court by a legally qualified adviser.
Magistrates undergo basic training before they sit in court for the first time, have mentors for their first two years and are fully appraised. Training and appraisal are continuous throughout every magistrate's career to keep abreast of new legislation, new sentencing policy and new developments.
If you are interested in becoming a magistrate please visit the Ministry of Justice (MoJ) website.