Magistrates court

• Magistrates


  Traditionally 3, can be done with 2 if one is unavailable, with 1 as chair.

  Volunteers with legal knowledge but not professionals.
• District Judges


  Lowest qualified judge.

  can sit alone to decide a case if necessary.
• Clerk


  Legal advisor to the justices, has professional knowledge, advices magistrates legally, can dismiss evidence, manages courtroom and can represent D to ensure a fair trial.
• Usher


  Deals with witnesses, oaths etc. Takes objects between people.
• Prosecuting solicitor


  Sets out evidence and prosecution's case (barrister not required in MC).
• Defence Solicitor


  Ensures trial is fair to D and representation is given.
• Jurisdiction of Magistrates in criminal courts areas

  Preliminary Hearing

  Admin Duties

  Youth Courts

  Sentencing Powers

  Appeals

  Number of Cases

  Decide Verdict
• Preliminary Hearing


  Where plea is entered and heard, usually immediate.
• Admin Duties


  Insures legal aid is sufficient

  Extended detention time allowed, Police allowed up to 24 hrs with no evidence, can be increased to 72 hrs or more.
• Youth Cases


  Make trial more informal

  Slower process normally

  May need a social worker.
• Sentencing Powers


  May refer up if powers not enough for crime

  per offence, up to 6 months imprisonment and/or £5000 fine.
• Appeals


  If guilty, can appeal and is immediate

  Risks harsher sentence

  Rare but an automatic right
• Number of cases


  Hears 97% of cases
• Decide verdict


  Chair decides if others disagree

  Advised by legal clerk
• Jurisdiction of Magistrates in civil court cases

  Civil debts

  Issuing licences

  Family matters
• Civil debts


  Claims e.g. medical mistake
• Issuing licences


  Alcohol licences etc.
• Family Matters


  Child cases, custody matters