The role of a magistrate
Magistrates are members of the local community and as such have
knowledge of the local area and services. They volunteer to be
magistrates. They are trained to:
- administer justice
- decide on questions of law, practice and procedure
- sentence young offenders in line with legislation and the Human
Rights Act, alongside the welfare of the child.
Magistrates usually sit as a panel of three with one acting as
the chair who has responsibility for addressing the court.
The role of a district judge
District judges are members of the legal profession who act as
judges in magistrates' courts. They are paid for doing this. They
sit in place of magistrates and often hear longer, more complex
cases. Their role is the same as a magistrate.
The role of a justices' clerk
The justices' clerk gives legal advice to the magistrates and is
responsible for the smooth running of the court. They record the
results of cases and assist people who do not have a representative
to present their case.
The role of the Crown Prosecution Service (CPS)
The CPS
presents the case against the young person appearing in court. It
is their job to present all the facts to the magistrate so that
they can make a decision. It is their job to work closely with the
police to gather all the available evidence to make the strongest
case.
The role of a defence solicitor
A defence solicitor represents the young person appearing in
court and acts independently, in their best interests. The young
person appearing in court is the person they are working for, not
their parents or other professionals. They take instructions from
the young person and provide them with legal advice on the charge,
procedure and plea (guilty or not guilty). They also speak for the
young person in the court.
All young people appearing in court are entitled to be
represented by a solicitor. The solicitor can be one chosen by the
young person or the duty solicitor. Legal aid is available to pay
for these services. |