Magistrates' Courts

Importance of Magistrates' Courts

• Handling a majority of criminal cases in England and Wales. According to statistics, around 95% of all criminal cases are resolved in Magistrates' Courts.
• Issuing arrest and search warrants that allow police officers to apprehend and investigate suspects.
• Conducting initial hearings for a variety of offences, including cases that subsequently proceed to the Crown Court for trial or sentencing.
• Dealing with a range of civil and family matters, such as family law cases involving child custody disputes and domestic violence.
• Imposing penalties on traffic violations and small claims disputes involving amounts up to £10,000.
• Enforcing payments of fines and compensation orders.
• Managing licensing applications for various activities and businesses.

Difference Between Magistrates' Courts and Other Courts

Magistrates' Courts Structure and Procedure

Magistrates are appointed volunteers who serve as judges in Magistrates' Courts across England and Wales. While they do not have formal legal training, they receive guidance from legal advisors and bring valuable life experience to their roles. The roles and responsibilities of magistrates include:

• Presiding over Magistrates' Courts and hearing a variety of cases, including criminal, civil, and family matters.
• Working in panels of two or three, collectively referred to as the "bench." The bench makes decisions together, with each magistrate contributing equally.
• Adjudicating cases and determining guilt or innocence in criminal matters. If the defendant is found guilty, the bench decides the appropriate sentence within their jurisdictional limits, which may include fines, community service, or imprisonment up to six months.
• Assisting in dispute resolution in civil matters, such as debt recovery, small claims, and family law cases.
• Managing various administrative tasks related to the court, such as issuing arrest warrants and administering oaths.

The Magistrate Procedure Explained

Magistrates' Courts Hearings Process

Preparing for a Hearing

• Understand the implications of a guilty plea vs a not guilty plea.
• Consider any potential legal arguments or defences that may be relevant to the case.
• Explore opportunities for alternative dispute resolution (ADR) to avoid a full trial, such as mediation or arbitration.
• Seek advice from a solicitor or barrister, if necessary, to ensure an understanding of the process and potential outcomes.

During the Hearing

• Outlining the case: The prosecution and defence introduce their respective cases, summarising the facts and legal arguments.
• Presentation of evidence: Both sides present their evidence, including witness testimonies, physical evidence, and expert reports. Witnesses are typically cross-examined by the opposing party.
• Closing statements: The prosecution and defence summarise their cases and emphasise the main points made throughout the hearing.
• Judgment: The bench deliberates and delivers their judgement, including the reasons for their decision. If the defendant is found guilty, the bench decides the appropriate sentence.

After the Hearing

• Notice of verdict: Parties receive written confirmation of the court's decision and any penalties imposed.
• Enforcement of the sentence: The court ensures the implementation of any penalties, such as fines, community service, or imprisonment.
• Appeals: An appeal can be filed against the court's decision if there are valid grounds, such as an error in law or new, significant evidence that was not available during the trial. Appeals from Magistrates' Courts are typically heard in the Crown Court or specific appellate tribunals.
• Review of the sentence: In some cases, either the prosecution or the defence can request a review of the sentence imposed if they believe it is too lenient or too harsh.

Sentencing Powers of Magistrates

The sentencing powers of magistrates in the UK legal system are limited by law to ensure that they are proportional to the nature and severity of the crimes dealt with in Magistrates' Courts. While generally confined to imposing fines, community orders, and short custodial sentences, these powers play a crucial part in supporting the administration of justice.

Factors Influencing Sentencing Decisions

• Culpability: The level of responsibility or fault attributed to the offender, considering their intentions, actions, and the harm caused by their behaviour.
• Severity of the offence: A consideration of the impact of the crime on the victim and the community, which can include physical harm, emotional distress, or financial loss.
• Offender's criminal history: A review of the offender's previous convictions and behaviour, which may indicate a pattern of offending or suggest rehabilitation efforts.
• Personal circumstances: An examination of the offender's personal situation, such as their age, employment status, mental health, and any other factors that may have influenced their actions.
• Guilt admission: The extent to which the offender has admitted their guilt, cooperated with authorities, and shown remorse.
• Public interest: A consideration of the broader public interest, including the need for deterrence, protection of the public, and the impact on public confidence in the criminal justice system.
• Pre-sentencing reports: Reports prepared by probation officers designed to provide magistrates with valuable insight into the offender's background and personal circumstances, which may help inform the most appropriate sentence.

Range of Sentences available to Magistrates

• Discharge: An absolute or conditional discharge means that an offender will not receive any further punishment, provided they commit no new offences during a specified period.
• Fines: Monetary penalties imposed based on the seriousness of the offence and the offender's financial means. Maximum fine limits are set according to the category of the offence.
• Community order: A non-custodial sentence that requires the offender to comply with specific conditions, such as performing unpaid work, participating in rehabilitation programs, or observing a curfew.
• Suspended sentence: A custodial sentence which is suspended for a specified period, during which the offender must comply with certain requirements. If the offender breaches the requirements or commits a new offence, the custodial sentence may be activated.
• Imprisonment: A custodial sentence of up to six months for a single offence, or a maximum of 12 months for multiple offences. Magistrates may also commit the offender to the Crown Court for sentencing if they feel their powers are insufficient for the severity of the offence.
• Banning orders: Restrictions imposed on the offender, such as driving disqualifications or exclusion from specific areas or activities.
• Compensation orders: Orders for the offender to pay compensation to the victim for injury, damage, or financial loss caused by the offence.

Appeals Process from Magistrates' Courts Decisions

• Notice of appeal: The appellant must submit a written notice of appeal outlining the grounds for appeal within 21 days of the court's decision.
• Appeal to the Crown Court: Most appeals from Magistrates' Courts are heard by the Crown Court, which conducts a complete rehearing of the case. The Crown Court has the power to change the decision, impose a different sentence, or remit the case back to the Magistrates' Court for further consideration.
• Appeal to the High Court: In cases involving a question of law, an appeal may be made to the High Court's Administrative Division by way of case stated. The High Court will review the case and provide a judgment on the legal issue in question.
• Further appeal: In exceptional circumstances, a party may seek permission to appeal the High Court's decision to the Court of Appeal or, ultimately, the Supreme Court.