Copy of GCSE Law: Magistrates Court

The code also places emphasis on fairness and interests of justice as the most important principles. The views of the victim should be taken into account when considering whether it is in the public interest to prosecute. But this is only one factor, and the Crown Prosecutors must balance all factors for and against prosecution carefully and fairly. About one in eight cases are discontinued.

When the CPS decide that the case should go ahead, then the CPS will arrange for a lawyer to prosecute the case at court. This may be a lawyer from the CPS or they may instruct an independent lawyer to act as prosecutor.

A Magistrates Court is usually presided over by three magistrates. They are called Justices of the Peace. The panel of judges is often called the Bench. Magistrates are not paid, but they can claim for expenses and loss of earnings. Magistrates are local people who volunteer their services. They do not require formal legal qualifications, but will have undertaken a training programme, including court and prison visits, to develop the necessary skills. They are given legal and procedural advice by qualified clerks.

Magistrates also decide many civil matters, particularly in relation to family work. When sitting in the Family Proceedings Court, magistrates deal with a range of issues affecting families and children.

1. The court will be given a brief summary of the facts of the case by the CPS prosecutor.

2. The defendant is asked if he or she agrees with those facts (if he does not the magistrates may have to hold an enquiry as to the facts).

3. The defendant’s past record of convictions, if any, is given to the court.

4. Information about the defendant’s financial position is given to the magistrates. This is very important if the magistrates decide to fine the defendant.

5. Any relevant reports are given to the court; for example there may be a pre-sentence report prepared by a probation officer or a medical report.

6. The defendant or his lawyer can then explain anything he wants to about the reasons for committing the crime or his personal circumstances. This is called making a speech in mitigation.

7. The magistrates decide the sentence.

When a defendant pleads not guilty the case naturally, is longer and more complicated since both sides will want to call witnesses. As the prosecution have to prove the charge, they always start the procedure, usually making a short speech explaining to the magistrates what the case is about and how they hope to prove it.

Then the prosecution calls their witnesses and asks them questions about what they saw or heard. The defense is allowed to cross-examine the witnesses in order to try to show that their evidence is not reliable.

Once all the prosecution witnesses have given evidence, then the defense calls its witnesses, including the defendant if he wishes to give evidence. The procedure follows the same pattern as for prosecution witnesses, this time with the defense asking the questions first and the prosecution cross-examining afterwards.

When all evidence has been given the defense will make a speech to the magistrates, trying to persuade them that the case has not been proved ‘beyond reasonable doubt’, pointing out the weaknesses in the prosecution evidence.

If the magistrates find the defendant guilty, they hear about his past convictions, if any, and his background and financial situation. They may also look at reports about the defendant. The defense can make a speech in mitigation.

The magistrates then decide whether the defendant is guilty or not guilty.

Finally the magistrates decide what sentence they will impose on the defendant.

Before magistrates sentence a defendant, they will hear about the defendant’s past convictions, if any, and his or her background and financial situation. They may also have a pre-sentence report prepared by a probation officer or a medical report about the defendant.

The magistrates then have to decide what sentence to pass on the defendant. The main sentences available to them are:• custody (sending the defendant to prison)• a community order• a fine• a discharge

or driving cases, the magistrates can also disqualify the defendant from diving for a set amount of time.

The court can give punishments including:

• up to 6 months in prison (or up to 12 months in total for more than one offence)
• a fine of up to £5,000

The defendant has the right to appeal against both conviction and/or sentence after a trial in the Magistrates’ Court.The defendant has a choice of two different appeal routes. These are:• to the High Court Administrative Court, or

• to the Crown Court

Criminal Courts:

Magistrates Court

GCSE LAW

Mr. S. Parker

Parklands High School

Pre-Trial

Criminal cases are started in one of two ways:

• Summoned to court
• A summons is a document sent to the accused.
• Orders the person to attend court at a date
• Used for less serious offenses
• Arrest made by police and charges made

While a suspect is being held by the police at a police station, he or she has the right to consult a lawyer. The suspect can ask to see their own lawyer, if they have one, but most suspects will consult with a duty solicitor.

Crown Prosecution Service

The Crown Prosecution Service (CPS) is responsible for prosecuting most cases in the criminal courts. Some CPS staff work with the police to advise them in early stages of cases. After the defendant has been charged all the information the police have collected is sent to the Crown Prosecution Service.

Bail: This means the police tell the accused that they can go free but must attend at the Magistrates’ Courts on a certain date.

The magistrates will decide whether the accused should be allowed bail while awaiting trial or whether he or she should be kept in custody.

The police can recommend conditions on bail.

• Residence,

There is a Code for Crown prosecutors to help them decide when to prosecute. In making this decision the two key tests are:

1. Evidential test – is there a realistic prospect of conviction?

2. Whether it is in the public interest to prosecute.

The Magistrate

• restraining order,

The Trial

• curfew (electronic tagging),

Guilty Plea

• bail surety/ bail security,

Role of a Magistrate in the Courts

1.They decide if a defendant is guilty or not guilty.

2.If they find the defendant guilty they decide on sentence.

• surrender travel documents,

Each magistrate should sit for at least 26 half-days each year.

• reporting to police station.

QUESTION:

Can a Magistrate pass a case up to Crown Court AFTER the case has been heard?

Not Guilty Plea

Magistrates Court

The Magistrates Court is the most junior of all the courts in the English legal system.

• In Magistrates Court sentences of more than six months cannot normally be handed down, or fines over £5,000.

• Most of the criminal court cases that are heard in England and Wales take place in a Magistrates Court. (97%)

Sentencing

In legal terms there are three categories of crime:

• Summary offenses (minor crimes)

- can be tried only in the Magistrates’ Court and are the least serious crimes, such as minor assault, most driving offenses.

• Indictable offenses (serious crimes)

- can be tried only at the Crown Court by a judge and jury. They are more serious offenses and include murder, manslaughter, rape and robbery. These offenses are called indictable offenses because they are tried on indictment - the document on which the charges are written down.

• Offenses triable either way (middle-range crimes)

-can be tried either in the Magistrates’ Court or in the Crown Court. They are the middle range of crimes and include theft and assault occasioning actual bodily harm.

If the defendant is pleading not guilty to a triable either way offense, he/she has the right to ask for the case to be tried by a judge and jury at the Crown Court, or he/she can agree to the case being tried by the magistrates at he Magistrates’ Court.

The magistrates can also decide if the case is suitable for them to try. If they think it is too serious then they can send the defendant to the Crown Court for trial.