Each magistrate is expected to undertake a fair share of the work of the bench. The Lord Chancellor requires that a magistrate should sit for at least 26 half days each year. Rotas are usually made in advance.
Magistrates normally exercise their duties as part of a bench of three. They will at all times have available to them the advice of a qualified legal adviser. Their duties include:
Over 95% of all criminal cases are dealt with by magistrates, either in the adult court, or in the youth court. The work involves, amongst other things, deciding on applications for bail, whether a defendant is guilty or not and passing sentences as appropriate. For a single criminal offence committed by an adult, magistrates' sentencing powers include the imposition of fines, community service orders, probation orders or a period of not more than six months in custody. Magistrates may also sit in the Crown Court with a judge to hear appeals from magistrates' courts against conviction or sentence and proceedings on committal to the Crown Court for sentence.
Magistrates decide many civil matters, particularly in relation to family work. Specially selected and trained members of the family court panels deal with a wide range of matters, most of which arise from the breakdown of marriage e.g. making orders for the residence of and contact with children. Proceedings relating to the care and control of children are also dealt with in family proceedings courts.
The civil jurisdiction also involves the enforcement of financial penalties and orders such as those in respect of non-payment of council tax.
Members of specialist committees are responsible for appeals against local authority licensing decisions.
Magistrates are expected to play a part in the life of the bench and where possible, attend bench meetings etc. They may undertake work out of court, as members of committees. They are also expected to deal, at home, with requests for warrants for arrest and search and to take declarations of various kinds.
