• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Magistrate Courts

Extracts from this document...

Introduction

´╗┐Magistrate Court The Jurisdiction of Magistrate Court is deal with summary offences which are of minor crimes, try triable either way cases which it is decided should be dealt in Magistrate Court and preliminary hearings in indictable cases. They also deal with side matters such as bail application and issuing warrant for arrest. zlIn summary trials, magistrate court can impose a maximum of 5000 pounds and 6 month imprisonment. However, the Criminal Justice Act 2003 sought to increase this to 12 months as to decrease the number of cases sent to Crown Court.z At the start of the case, a clerk will check the defendants name and address as well as their plea of guilty. ...read more.

Middle

The witnesses will then be examined and cross examined by both prosecution and defence. Relevant exhibits may be given. The defendant will then be called to give evidence, this is not obligatory but failure to do so may lead to magistrate drawing conclusions. If magistrate decide to convict, past records and mitigation will be considered. If not, the defendant is free to go unless prosecution appeals against acquittal. In the triable either way cases, the trial may begin by a Plea Before Venue procedure where the defendant is asked whether they are guilty or not. If they are, they have no right to go to Crown Court or have a trial by jury whereas if they plead not guilty, magistrates may decide if the magistrate court is suitable. ...read more.

Conclusion

Magistrates may send cases to Crown Court under s.51 of the Criminal Justice Act 2003. This reduced the number of hearings in Magistrate Court as magistrates would only need to provide defendant with statement of evidence against them, notice of offence charged and place of trial before sending to Crown Court for trial. Committal for Sentence is used where the defendant have been convicted or pleaded guilty, and magistrates considers penalty options inadequate, they are referred to the Crown Court for sentencing. This is abolished for less serious either way cases and magistrates powers of 6 months imprisonment has been increased to reduce number of cases sent to Crown Court This is abolished for less serious either way cases and magistrates powers of 6 months imprisonment has been increased to reduce number of cases sent to Crown Court.zl ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Marked by a teacher

    Briefly outline the various sentencing options available to the courts for both over and ...

    4 star(s)

    Where the failure to properly maintain and service the railway tracks led to the deaths of 4 and the injuring of many more passengers. Balfour Beatty was fined a record ´┐Ż10 million. Advantages of fines are that it provides alternate income for the justice system and due to human nature towards money, it provides for an excellent deterrent.

  2. As the juvenile courts converge procedurally and substantively with the adult criminal courts, does ...

    That is not insignificant. Murder arrest rates have also shown a decline, dropping 14 percent alone between 1995 and 1996. The arrest rate for property crimes also reached its lowest point in a decade when, in 1996, there were approximately 2400 arrests for every 100,000 youths in the United States.

  1. Notes on Sentencing in British courts

    * Also remorse taken into account. At what stage plead guilty. Up to 1/3 off. * In 2001 L chief Justice said effects on victim can be taken into account. 2.2 The Offenders Background Previous Convections * Court want to know if any previous convictions.

  2. Explain the ranges of sentences available to the judge or magistrate.

    The retributive theory looks back to the crime and punishes because of the crime. The remaining three all look forward to the consequences of punishment and thereby hope to achieve a reduction in crime. They are therefore often termed consequentialist or utilitarian theories.

  1. Describe the different aims of sentencing.

    serious that imprisonment is justified, or where the offence is a violent or sexual offence and only such a sentence would be adequate to protect the public. This type of custodial sentencing mainly combines the two aims of retribution and incapacitation.

  2. Arguing in Favour of the Death Penalty

    It seems that at least one-fourth, if not one-half, of the crimes committed sending people to jail deserve a harsher punishment and in some cases, the death penalty. The crime a person has to commit in order to receive the death penalty has dramatically changed over the past several years.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work