(1) offences triable only on indictment before a jury. These are the most series of the offences such as murder, manslaughter or rape;
(2) offences triable only summarily by the magistrates. These offences include most minor offences and include common assault, road traffic offences and battery; and
(3) offences triable either way.
The Magistrates Court Act 1980 applies a single procedure within the Magistrates court to all cases where the defendant is of an age of 17 or over (the court also has limited jurisdiction for defendants under 17 years of age which I shall deal with separately).
If an offence is triable only on indictment then the magistrates will carry out a preliminary investigation. The object of this is to see whether the prosecution can establish a case against the defendant. If they can or if the defendant and his lawyer agree, then the case is sent to the Crown Court for trial. If the prosecution cannot establish a case then the matter is dismissed and the defendant is allowed free.
If the offence is triable only summarily then the magistrates will actually try the offence and not merely investigate the prosecution’s case. In this instance, all evidence is heard and arguments put by both counsel for the defendant and the prosecution. Based on this evidence, the judges of the court (and sometimes a jury) will decide the verdict of the case. If the defendant is found guilty then the judge must sentence the defendant. The maximum custodial sentence which the magistrates may impose for any offence is six months’ imprisonment. The general maximum fine for any one offence is £5000.
If the offence is triable either way the magistrates must begin by considering whether the offence is more suitable for summary trial or for trial on indictment. If they believe that it is more suitable for summary trial, then the defendant is asked whether he agrees with this or would prefer to be tried by a jury. If he agrees to be tried summarily then court continues as with a summary trial as explained above. If the magistrates considers that the offence is more suitable for trial on indictment then the defendant is given opportunity to argue that it ought to be tried summarily. If it is still decided that the case be tried as an indictment, then the matter is referred to the Crown Court.
The Magistrates Court also has jurisdiction for children who are over 10 but under 14 and young persons who are between 14 and 18. Criminal proceedings cannot be brought against a person who is under the age of 10. These courts are know as Youth Courts and must sit in a different building or room from other courts or sit on a different day. The public is excluded from these courts and there are strict controls on press reports. The procedure adopted for the Youth Court is the same as that of the adult’s equivalent and they also have a range of sentences at their disposal including custodial sentences.
It is also worth noting that the Magistrates' Courts also deal with all ancillary matters connected to criminal cases such as issuing warrants for arrest and deciding bail applications.
Civil Jurisdiction of the Magistrates Court
The Magistrates Court has a limited civil jurisdiction which primarily deals with matrimonial proceedings and proceedings concerning the welfare of children. The court also has jurisdiction to granting licenses under various Betting and Gaming laws, enforcing Council Tax demands and issuing rights of entry warrants for gas and electricity authorities, and granting licenses to sell alcohol to public houses and restaurants.
Total Word Count - 767 words
Bibliography
English Law (10th Edition) by Dennis Keenan - printed by Pitman Publishing in 1995
A Dictionary of Law (New Edition) - printed by Oxford Reference in 1994
Her Majesty’s Court Service web site