Magistrates courts handle less serious criminal cases in England and Wales. Magistrates, who can be qualified lawyers or laypeople, oversee summary cases and some either-way offenses. They deal with bail applications, youth cases, and issues related to council tax, protection orders, and child welfare. Magistrates also determine if a case should be sent to the Crown Court for more serious offenses. Their trials involve presenting evidence, witness testimony, and determining guilt or innocence based on the burden of proof.

1. Satvir Daroch

2.  430 magistrates courts in England and Wales.
 Local courts which most towns will have.
 Magistrates can be either qualified district
judge of unqualified lay.
 Magistrates are assisted by qualified Clerk in
court

3.  Try all summary cases
 Can try some triable eitherway offences
where they feel they have enough power to
do so.
 Deal with the first hearing of all indictable
offences
 Deal with issues of warrants and bail
applications
 Try cases in their youth court for offenders
10-17

4.  Enforcing council tax. Issuing entry warrants
to gas and electric companies.
 Family cases, i.e. issue protection orders.
 Welfare of children under Children’s Act 1989
 Hearing appeals for refusal of licence to sell
alcohol.

5.  These are generally considered the least serious criminal
cases.
 These offences out number other types
 Offences are divided into five categories. One = least
serious five = most.
 Criminal justice Act 1991 states Level one offences
maximum of £200 and Level Five £5000.
 Magistrates do have power to issue £20,000 for
businesses under environmental and health Law
 Criminal Justice Act 2003 states maximum sentence of 15
months, previously 6 months.
 The case starts with the clerk asking defendant to confirm
their name and address and whether they plead guilty or
not guilty.
 90 % of cases plead guilty and are sentenced

6.  Crown prosecutor for CPS will give the facts of
the case.
 Defendant is asked if he agrees with the basic
facts. If not the magistrates must establish the
facts
 Defendants past record is given to the court.
 Other details like defendant’s back ground and
financial position are given to the court
 Relevant reports will be considered, i.e. from
probation service.
 Defendant or his representative will then present
any mitigation.
 Magistrate decide sentence.

7.  Both sides must produce evidence.
 Burden of proof is on prosecution so they go first.
 Prosecution will then call their witnesses to give evidence.
 The defence then get a chance to cross examine the witnesses.
 At the end of the prosecution case the defence can submit to the court that there
is no case to answer.
 For most cases the case will proceed.
 Now comes the defence case where usually the defendant will give evidence.
 The CJPO Act 1994 says that where the defendant stays silent, the magistrates
may draw their own conclusions.
 If defendant gives evidence then the prosecution will have a chance to cross
examine.
 The defence can call any witnesses for their case.
 Defence will then have the right to make a speech to convince the magistrate that
the defendant is not guilty.
 If magistrate decides defendant is guilty then they will consider past record and
reports before sentencing.
 If magistrates’ decide not guilty then case is dismissed and defendant is free to go

8.  If defendant pleads guilty the case is dealt
with in the same way as a summary offence.
 If the Magistrates’ feel like their sentencing
powers aren’t enough then they can decide
the defendant goes to the Crown for
sentencing.

9.  The Magistrates must decide where the case
goes. Up to the Crown or stays in
Magistrates.
 Case stays if Magistrates’ and defendant
decide it should.
 There will now take place a trial similar to
Summary offence procedure.

10.  A small time shop lifter.
 Violent drunk.
 Racist killer.
 Summary offence
 Triable eitherway
 Indictable offence
Match the offender with the offence category.