Magistrate Courts

by zhilinglim27gmailcom (student)

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. When the defendant pleads guilty, a resume containing all facts of the case will be prepared and confirmed by the defendant. A Newton Hearing will commence if facts are wrong. The magistrate will then consider defendants mitigating and aggravating factors such as previous conviction or presentence reports, medical reports.

Password

Confirm Password

I agree to the terms of service and privacy policy

If the defendant chooses to plead not guilty, both sides will present their case. The prosecution will begin with a speech and calling of witnesses to give evidence. 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 ...

This is a preview of the whole essay

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. This is by taking into account the seriousness and nature of the case, powers and punishment available, and presentation of the case by prosecution and defence. Example cases that will be sent to Crown Court are: where there is a breach of trust, organized gang crime or where the amount involved is more than twice of which magistrate can fine the defendant.

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

Magistrate Courts

This is a preview of the whole essay

Document Details

Related Essays

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

Notes on Sentencing in British courts

Criminal Courts Appeal Route

The Penal System - Discuss the aims of sentencing and consider other factor...