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A magistrates' court is a lower court, where all the criminal proceedings start. Also some civil matters are decided here, namely family proceedings. They have been streamlined to swiftly and cheaply deliver justice. There are over 360 magistrates' courts in England and Wales.

Sumary offences are smaller crimes, that can be punished under the magistrates' court's limited sentencing powers – community sentences, fines, short custodial sentences. Indictable offences, on the other hand, are serious crimes (rape, murder); if an initial hearing at the magistates' court finds there is a case to answer, they are commited to (passed on to) a crown court, which has a much wider range of punishment. Either-way offences will ultimately fall into one of the previous categories depending on how serious the particular crime in question is.

Cases are heard by a District Judge (Magistrates' Courts) or by a bench of three magistrates (lay judges); there is no jury at a magistrates' court. Criminal cases are usually (although not exclusively) investigated by the police and then prosecuted at the court by the Crown Prosecution Service. The defendant may hire a solicitor (or barrister) to represent him, often paid for by the state.

they apply English law

There are magistrates' courts in other common-law jurisdictions.

History

Tribunal de Bow Street, comparution d'Arton

Today's magistrates’ courts have roots in a much older English institution, that of justice of the peace, today more frequently called magistrate. (The former word refers to their responsibility for keeping sovereign's peace, peace provided by the monarch to his or her subjects; the latter was originally a word for a civil servant in ancient Rome

In 1195 Richard I commissioned certain knights to preserve the peace in unruly areas, ensuring the law was upheld; they were known as Custodes Pacis, The Wardens of the Peace appointed in 1327; the precursors of the Justices of the Peace, created with in 1360. Keepers of the Peace. "good and lawful men"

From 1327 extended powers, instituted by parliamentary statute, Justice of the Peace Act 1327, revised in 1361 during the reign of Edward III, called Justices of (the) Peace . Appointed be appointed in every county by the sovereign's special commission, directing them, jointly and severally, to keep the peace in the area named. Their principal duties consist in committing offenders to trial before a judge and jury when satisfied that there is a prima facie case against them, convicting and punishing summarily in minor causes, granting licenses, and acting, if County Justices, as judges at Quarter Sessions for serious crimes. Offenders, Rioters, and all other Barators, and to pursue, arrest, take, and chastise them and duly punished according to the Law and Customs of the Realm

Until the introduction of our modern system of councils in the 19th century, JPs also governed the country at a local level. They fixed wages, built and controlled roads and bridges, and undertook to provide and supervise locally other services. appealing for aid if parish authorities refused to provide aid.

The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from municipal corporations. This was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown.

Magistrates' courts developed individually as offices of magistrates, such as Bow Street Magistrates' Court his home of Colonel Sir Thomas de Veil, a Westminster magistrate in 1740, later famously transformed into a precursor to police John Fielding, a magistrate since 1754.

In 1792 seven Public Offices (later Police offices and Police courts) were established by act of parliament, introducing stipendiary agistrates, the word 'police' was being used in its original meaning of 'pertaining to civil administration'.

However, by the 19th Century, the role of the unpaid Justice of the Peace had become intolerable and in 1839 a new professionally paid role was created called “Magistrate” to assist with the creation of the Policy (spelt Police) Officers designed to uphold the corporate policies of corporate estates now controlling boroughs and nations through the Metropolitan Police Act 1839, Metropolitan Police Courts Act 1839. Thus, the Justices of the Peace as a Magistrate of a Policy (Policy) Court could gain an income in assisting with the validation of fines and other revenue acts initiated by the Policy (spelt police) Officers.

Separation from police with Metropolitan Police Act and 39 was passed in 1828 Home Secretary Robert Peel created police (1839).

In April 1965 (following the Administration of Justice Act 1964) the London Police Courts with their stipendiary magistrates were integrated with the lay magistrates to form the modern Inner London magistrates' courts.

Magistrates and other roles

Today, terminological distinction is made between magistrates or lay magistrates, unpaid volunteers who handle most cases and magistrates' courts’, and district judges, experienced professional lawyers.

The fact that well over 90% of all cases, which come before the criminal courts of England and Wales are disposed of by JP's with no required legal qualifications continues to surprise many people. judgement by peers

By statute, judges was confirmed continuing judicial independence.

confirmed the position of the Clerk as legal adviser to the Justices.

Magistrates

Main article: Magistrates of England and Wales

There are 30,000.

In magistrates' courts (including youth courts and family proceedings courts), less complex cases are judged by magistrates or lay judges. (Previously the term "lay magistrates" has been used to distinguish them from professional magistrates, now district judges.) They are chosen from local citizens of good character (not previously convicted), mature personality and sound judgement. It is not their job, they are not paid, may claim expenses and an allowance for loss of earnings. Magistrates sit in adult criminal courts as "benches" of three (occasionally two), ideally of mixed gender, age and ethnicity.

recommendations on the appointment of magistrates are made by local advisory committees. These are then passed to the Lord Chief Justice for approval, before being submitted to the Lord Chancellor to make the appointment.

The lead magistrate, known as the chairman, should be addressed in court as "Sir" or "Madam" or "Your Worship", and the magistrates collectively as 'your worships'. In writing, they are referred to as "John Smith Esq. JP" (for justice of the peace).

District judge

Main article: Judiciary of England and Wales § District Judges

District judges (magistrates' court), historicly known as a stipendiary magistrates, are professional lawyers permanently employed by the Ministry of Justice. They sit alone to preside over proceedings in lenghtier and more complex matters, usually involving remand, and in commital hearings. To qualify for the position, a law degree and 5 years of experience are neccessary.

formerly stipedniary MC?

complex points of law or evidence, cases involving complex procedural issues (e.g. where there are a considerable number of defendants and many legal representatives), long cases (i.e. those likely to run for more than 3 days) interlinked cases, cases involving considerations of public safety.

Some also extradition cases

September 2012 – 145 District Judges (Magistrates' Court)

judicial-appointment eligibility condition

District Judges: British, Commonwealth, or Irish citizens of good character, with legal qualifications, reasonably far from the 70 years, the mandatory retirement period for judges. Formerly, could only be drawn from barristers and solicitors of at least 7 years' standing, after reforms in 2008 and 2010 a potential District Judge must satisfy the on a 5-year basis. other types of lawyers, Legal Executives (ILEX Fellows), who teach law, drafting also became eligible to be District Judges.

A District Judge (Magistrates Court) may sit as a member of a youth court without the need to become a member of a youth court panel. A youth court may consist of a District Judge sitting alone.

District judges (MC) are referred to as Judge, in court addressed customarily Sir or Madam and addressed in correspondence District Judge (Magistrates' Courts) Tuff.

Legal adviser

Main article: Justices' Clerk

Magistrates and district judges are assisted in court by the Justices' Clerk and their assistants, also known as legal advisers or court clerks, whose role is to ensure that procedures are adhered to and that the Bench is properly directed as to the law and its powers, as well as seeing that the Courts' business is dealt with efficiently. The clerk's role is far more significant where lay magistrates are presiding because they are not legally trained and so require more advice on legal matters than a district judge. The clerk ought not to exert any influence upon the Bench - to which the advice they provide must be neutral - but nevertheless the advice of the clerk carries considerable weight. To this end, the Practice Direction 2000 attempts to resolve issues concerning the influence of clerks over magistrates. It states that clerks should only advise on points of law and all advice should be given in open court in front of all present.

The justification is based largely on the relationship which had developed over the years, and in 1968, received statutory authority, between JP's and their clerk - the JP's bearing sole responsibility for their findings on fact and on the credibility of witnesses, the clerk advising them on the law and the extent of their powers.

Prosecutor

Main article: Crown Prosecution Service

The Crown prosecution service (CPS) is an authority responsible for prosecuting cases on behalf of the state (traditionally, in the name of the Queen or the King), once the police have completed their investigation and charged the alleged criminal.

A relative novelty in English criminal proceedings, the CPS has been estabilished by the Prosecution of Offences Act 1985. 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.

Who prosecutes? Main independent prosecuting departments are the Crown Prosecution Service and the Serious Fraud Office

A minority of cases are prosecuted by other law enforcement agencies, such as the Department for Work and Pensions or the Health and Safety Executive, or private prosecutors such as the RSPCA, local councils or the TV Licensing Agency. In such cases a solicitor or barrister will attend especially to prosecute.

RSPCA, Environment Agency, Department of Work and Pensions, English Nature etc

Defence

Main article: Solicitor

Defendants are entitled to represent themselves, and usually do so in minor cases such as road traffic offences, when they may not even have to attend. However, defendants may be represented by a solicitor or, less commonly, a barrister. In most magistrates' courts there will be a duty solicitor available to advise and possibly to represent any defendant who does not have his/her own solicitor.

Legal aid

Probation

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Jurisdiction and sentencing powers

Westminster magistrates' court - crest

The Beverley Magistrates Court

Summary justice in criminal matters

In criminal matters, magistrates’ courts in England and Wales have been organized to deal with minor offences in a speedy manner. All criminal cases start here and over 95 percent of them will end here too – only the most serious ones go to crown courts.

Summary offences are the least serious criminal offences. They include driving offences, vandalism, criminal damage of small extent, possession of drugs and being drunk and disorderly. This kind of small criminality will be dealt with in summary proceedings at a magistrates' court, and the defendant has no right to a jury trial and no formal indictment is necessary. Both verdict and sentence are solely in the hands of judges and magistrates.

The sentencing powers of magistrates' courts are therefore limited. For one offence, they can inflict a fine of up to £5,000 and imprisonment of up to 6 months. When dealing with more offences, this rises to 12 months. For certain specified offences, maximum fines permitted to magistrates may be higher (for example, for fly tipping up to £50,000). Some driving offences are punished by disqualification from driving for a period of time.

Far from only sending people to prison (repression), the powers of magistrates' courts are quite flexible. As a part of modern strategy of dealing with criminality, magistrates and judges are given a host other options. The smallest offences, for example, will be punished by a fine and perhaps confiscation (of drugs). Conditional discharge or absolute discharge are other examples of non-custodial sentences.

Often the point is to achieve restorative justice (compensation of victims of crime) and reformation of the offender. These alernative punishments are called community sentences. A community sentence would usually consist of community payback, a duty to work betweem 40 to 300 hours unpaid in the community. This is often complemented by some kind of programme or treatment, offering a helping hand to the offender, and engaging him at the same time – ending a drug habit, coping with a mental illness, skills and qualifications for work, and more. Also, the judge (or magistrate) usually issues orders with rules such as curfew, restraining orders (cannot go near his victim, for example) and many others. During serving of community sentences, similarly to suspended sentence, usually the offender will be supervised by a probation officer.

Either way offences will variously be dealt with as summary offences by the magistrates' court or as indictable offences. Some might be tried at the magistrates' court and then passed on to a crown court for sentencing.

Indictable offences, very serious crimes, will be commited to the crown court, if the magistrates' court finds there is a case.

Family Proceedings Court

Main article: Youth Court

Juvenile justice deals with criminal offences by young people, who have reached the age of criminal liability (10 years), but are not yet adults (have not reached 18). These cases are heard by specially trained magistrates sitting in a Youth Court. They have the power to impose a sentence of youth detention (known as a Detention and Training Order or DTO) for a period of up to two years.

Family Proceedings Court

Main article: Family Proceedings Court

Some of the civil matters, namely family proceedings, are heard in front of specially trained magistrates in Family Proceedings Courts within magistrates' courts.

Other civil matters

Other civil matters within magistrates' courts' jurisdiction include non-payment of council tax or TV licence.

Geographical jurisdiction

Leyland Magistrates' Court - geograph.org.uk - 1105934

Main article: List of courts in England and Wales § Magistrates.27 Courts

There are 245 MCs in E and W after unpreceded decision of the government to between 2010 and 2012 to close 142 of them.

Until the Courts Act 2003 came into force, magistrates were tied to a particular area (see Magistrates' Courts' Committees, commission area, petty sessions area). This has now been changed such that they are assigned to local justice areas, but less strongly.

A petty sessional division (Petty sessions area) was the area that a Magistrates' Court had jusridiction over. Petty sessional divisions were gradually consolidated in the 20th century (being reorganised in 1953 under the Justices of the Peace Act 1949), and were replaced by local justice areas in 2005.

Proceedings

Tameside Magistrates and County Courts, Entrance - geograph.org.uk - 1289034

Magistrates' courtroom layout

Proceedings in magistrates' courts are oral and open for public – exceptions exist for the protection of victims (eg rape cases) and in youth courts.

Bail, remand, summons

When a defendant first appears before a magistrates' court, they will do so in one of three circumstances. They will either appear on bail having been charged with an offence and compelled to attend court under penalty; in response to a summons, which requires attendance but does not, in the first instance, carry any penalty for non-attendance; or in custody, having been refused bail by the police. If the defendant is on bail, s/he must first surrender to the custody of the court.

Whichever the circumstance, the first requirement is to identify him/herself to the Court. Once the Court is satisfied as to the identity of the defendant, it must consider the charges.

Summary proceedings

If the charge(s) is a summary offence, the Court will generally expect a plea to be taken. 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.

In the event of a plea of guilty, the Court will then consider sentence. For the most minor offences where the appropriate sentence is a fine or discharge, this will usually follow immediately after a plea of guilty. However, where the offence is more serious and may justify a community-based penalty or imprisonment, the case will usually be adjourned for the probation service to interview the defendant and prepare a pre-sentence report in which a recommendation as to the most appropriate sentence will be made. When the defendant returns to court for sentence, the Bench will consider the report along with any mitigation put forward by the defendant before passing sentence.

On each occasion that a defendant appears before the Court, the issue of bail must be addressed. Defendants may be released on bail, which is an order of the Court compelling a defendant's future attendance, which may have conditions attached to it where such conditions are considered necessary either to ensure the defendant's future attendance, prevent the commission of further offences, or prevent the obstruction of justice. If the Court decides that no conditions exist which could achieve these objectives, the Court may remand the defendant in custody until the next hearing.

Either way offences

When an either way offence is to be tried at the crown court, magistrates are responsible for committal to the crown court (a task in former times dealt with by a grand jury), which requires the Court to consider whether there is a case to answer based upon statements and exhibits submitted to the court.

If the charge is an either way offence, the "plea before venue" procedure is carried out. In this procedure, the defendant must indicate what his/her plea to the charge would be. If the defendant indicates a plea of "not guilty", or declines to indicate a plea, the Court hears an outline of the facts from the prosecution and representations from the defendant or his representative, and then determines whether the case is suitable for summary trial or not. The Court will decline jurisdiction to try the case if it decides that the sentencing powers of the magistrates' court are inadequate to deal with the case. In such cases, the case will be adjourned, normally for a period of between four and eight weeks, for the prosecution to prepare the case for committal to the crown court. If the Court accepts jurisdiction, the defendant is still entitled to elect to have his/her case tried at the crown court.

Committal and indictment

The grand jury system, which still exists in the United States, has been abolished in England and Wales. Instead magistrates now perform the grand jury's functions of indicting those accused of offences which need to be tried by a jury and committing them to the crown court for trial.

In the case of offences which are indictable only, no plea is taken and the case is sent forthwith to the crown court.

When dealing with committal proceedings, it is the role of the Bench to decide whether a case to answer, or prima facie case, exists on the basis of the prosecution statements. In the vast majority of cases this will have been agreed beforehand by the defendant's representative, but where this is in dispute, the Bench must read, or have read to them, the entire prosecution case and then hear argument from the prosecution and defence before ruling on the issue. If the Court finds that there is no case to answer, the matter is discharged; if not, the case is committed to the crown court for trial.

Challenges to decisions of magistrates' courts

Main article: Challenges to decisions of magistrates' courts

In modern justice, procedures to correct human error are a safeguard of fairness. In a criminal case, the decision of a magistrates' court may be challenged usually either through reconsideration by the same magistrates' court, or appeal to the crown court by way of rehearing. In both cases, if the defendant had pleaded guilty, she can only appeal against the sentence, if not, may appeal against sentence and/or verdict. Other two mechanisms, generally on errors in law, are appeal to the High Court (Queen's Bench Division) by way of case stated and judicial review in the High Court (Administrative Division).

Appeals in family matters are handled by county courts.

Administration

Main article: Her Majesty's Courts and Tribunals Service

Administration of courts in England and Wales, including magistrates' courts, is in the hands of Her Majesty's Courts and Tribunals Service, an agency of the Ministry of Justice.

Further reading

See also

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External links

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