It is not their job, they are not paid, only have expenses reimbursed. Almost all criminal proceedings start at a magistrates' court. Cases are heard by a bench of three (or occasionally two) lay judges, or by a paid district judge; there is no jury at a magistrates' court. These must be heard at a Crown Court. As the name implies, these can be dealt with either by magistrates or before a judge and jury at the Crown Court. You’ve accepted all cookies. We use cookies to collect information about how you use GOV.UK. Check if the court you’re planning to visit is open to the public. There are magistrates' courts in other common-law jurisdictions. Private individuals are also entitled to bring a private prosecution, this happens most commonly where an individual is an alleged victim of common assault and the authorities have declined to prosecute. Whichever the circumstance, the first requirement is to identify him/herself to the Court. If the charge(s) is a summary offence, the court will generally expect a plea to be taken. Once the Court is satisfied as to the identity of the defendant, it must consider the charges. Modern magistrates’ courts are based on a centuries-old office of magistrate, or Justice of the Peace, so named for their responsibility for guarding the Queen's or King's peace. In magistrates' courts (including youth courts and family proceedings courts), less complex cases are judged by magistrates or lay judges.
If the court decides your sentence should be for longer than 6 months, it can pass your case to the Crown Court for sentencing. There is not a jury in a magistrates’ court. The more serious indictable offences are referred to either the District Court or the Court of First Instance. Magistrates’ court, in England and Wales, any of the inferior courts with primarily criminal jurisdiction covering a wide range of offenses from minor traffic violations and public-health nuisances to somewhat more serious crimes, such as petty theft or assault. To qualify for the position, a law degree and 5 years of experience are necessary. If the plea is one of "not guilty", the Court will fix a date for trial, taking into account the number and availability of the witnesses. Virtually all criminal court cases start in a magistrates’ court, and around 95% will be completed there. District judges (magistrates' courts), formerly known as a stipendiary magistrates, are professional lawyers permanently employed by the Ministry of Justice. Don’t worry we won’t send you spam or share your email address with anyone. ); or custody (either immediately or as a suspended sentence). In England and Wales, a magistrates' court is a lower court which holds trials for summary offences and preliminary hearings for more serious ones. The guideline is whether, taking the prosecution case at its most serious, the court believes that a magistrates' court has sufficient powers of sentence. There will be a hearing to decide on venue, hearing an outline of the case from both prosecution and defence. They include driving offences, vandalism, criminal damage of low value, low-level violent offences and being drunk and disorderly. It is, however, CPS policy to exercise this power only if the prosecution should be stopped because it does not meet the requirements of the Code for Crown Prosecutors, or there are important reasons why the prosecution should be pursued by the CPS.[13].
Since its creation in 1986, it is the principal, though not the only, body that can bring a case to a criminal court in England and Wales.[11].
[12] Private prosecutors can either represent themselves, or they may instruct a solicitor or barrister to represent them. [7], Some civil matters, including non-payment of council tax, are heard by magistrates. In the case of offences which are indictable only, no plea is taken and the case is sent forthwith to the Crown Court. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980. cases passed from a magistrates’ court for trial or sentencing Find a Crown Court. [5] For either-way offences, if the magistrates feel that their powers of sentencing are insufficient, they can send the case up to a judge at the Crown Court, who can impose more severe sentences. Lay magistracy is an ancient institution, dating in England from at least 1327, when an Act of Parliament[10] provided that "good and lawful men" be appointed in every county in the land to guard the peace.
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