• 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...


´╗┐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.


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.


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)

    However, despite the framework for payment of fines under the CJA 2003, many fines remain unpaid. Miscellaneous Sentences * Compensation order - where they have the power to do so, judges are encouraged to make an order for the offender to pay a sum of money to the victim as compensation.

  2. Notes on Sentencing in British courts

    * Report useful in deciding best sentence. Financial Situation of Defendant. * If fine, financial situation must be taken into account. 2.3 Sentencing Guidelines * Sec 80 Crime and Disorder Act 1998, places Court of Appeal's sentencing guidelines on a statutory basis.

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

    They are therefore often termed consequentialist or utilitarian theories. The boundaries between these theories are far from clear, containing sub-categories, many of which are perceived quite differently by different writers. The term retribution can be used in several senses. It can indicate vengeance or expiration, however, it is today more commonly associated with giving the offender his just deserts and using punishment as a censure or denunciation.

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

    Notwithstanding the validity of much of Feld's argument, a separate juvenile justice system is necessary in order to protect the rights of children. Placement of children guilty of a criminal act or acts with criminal adults denies the essence of the transcending order of society, which is that children are

  1. Describe the different aims of sentencing.

    General deterrence is also seen as having little effect as it depends on the publicity of the case to make aware of the exemplary sentence imposed. Also general deterrence contrasts with the aim of retribution as the punishment it meant to fit the crime where as cautionary sentences involves an offender serving harsher or a longer term of punishment.

  2. Arguing in Favour of the Death Penalty

    At one point in time, jail was somewhere a person feared to go. Now jails have all the luxuries of living at home with mom and dad, so why not go there? Jail can be considered a refuge where they can escape from the harshness of life, for some jail is a better place than what home was for them.

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