Magistrate Courts

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 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