Work of magistrates and crown

• Introduction:

  • Both the magistrates court and the crown court hear pre-liminary hearings, first instance offences. The crown court hears appeals for magistrates
• Magistrates:

  • There is 150 courts in England and wales.
  • 3 lay magistrates or a district judge.
  • The magistrates in the trial court and has jurisdiction over all summary offences and triable either way offences.
  • 95% co-busiest.
  • Hears pre-liminary hearings for triable either way offences to determine appropriate setting (Plea before venue).
• Magistrates:

  • Indictable offences, S.51 crime and disorder act can send them to the crown court.
  • Issue warrants to police (S.8 PACE) and extend pre-charge up to 96 hours (S.44 PACE).
  • They may also grant or deny bail under the bail act 1975 (But not for murder - coroners court).
  • Sentence 6 months imprisonment for triable either way offences, alongside an unlimited fine
• Magistrates:

  • The magistrates courts also work in the offending of young people in youth court (10-17).
  • Specially trained magistrates, this is a private hearing and will allow family members to with the young person.
  • Entitled to frequent breaks
• Crown:

  • There is 70 crown courts within england and wales.
  • Overseen by a circuit judge and are the trial court for triable either way offences, where magistrates have denied jurisdiction or where D has chosen to come to the crown court.
  • They have exclusive jurisdiction over all indictable offences (Murder, robbery).
  • heard before a judge (Arbiter of law) and a jury (Arbiter of fact)
• Crown:

  • Jury nobbling, some cases may be reviewed by the judge alone under S.44 Criminal Justice Act 2003.
  • Court can sentence statutory maximum, life sentences for murder (Murder act 1965) and for S.47 ABH, 5 years.
  • Appelate court that hears convictions and/or sentence from magistrates court (S.108 MCA 1980)
  • Sentence after magistrates convict if their powers are insufficient
• Crown:

  • The crown court can grant/deny bail, including murder (S.115 CJA 2009).
  • They can also work with young offenders (10-17) that are charged with serious indictable offences (S.19 PACE (S) (A) )
  • Procedures are modified in ways like the youth court, e.g, Thompson & veneables V UK 2000