jurisdiction of magistrates

Cards (7)

    • All cases first appear at magistrates court. The preliminary hearing, the magistrates may consider bail applications. They have this power under the Bail Act 1976.
    • The D may also enter enter a plea for summary cases and triable either way cases.
    • Magistrates hear all summary offences in the Magistrates court, these are the least serious offences such as assault and some TEW offences, these are middle range offences such as ABH.
    • Magistrates will send serious offences o the crown court for a trial.
  • At trial, in magistrates court, the magistrates will listen to all the evidence. The legal adviser help magistrates with any law. Then alone decide the verdict. The magistrates will then proceed to sentence the D if found guilty. When sentencing magistrates must act within their sentencing powers as provided by the sentencing act 2020.
    • In addition to hearing cases in the magistrate court, magistrates can also sit in the Crown court with a judge to heart appeals from the magistrate court
    • Magistrates may also sit in the Youth court, Family court or licensing Appeals Panel after carrying out specialised training
    • Magistrates can also, under the Police and Evidence Act 1984 issue a warrant authoring the police to enter and search premises for evidence of a serious offence
    • Magistrates can also allow the police to keep a D in custody for longer.