For Magistrates' Courts of Australian States and Territories, see the Magistrates' Court of each respective state or territory e. g. Magistrates' Court of Victoria. The Magistrates' Court of Victoria is the lowest court in the Victorian court system with the County Court of Victoria and the Supreme Court of Victoria

A Magistrates' Court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England The Ministry of Justice has been a department of the government of the United Kingdom since 2007 See also Lord Chancellor The Secretary of State for Justice is a United Kingdom cabinet position Her Majesty's Courts Service (HMCS is an Executive Agency of the Ministry of Justice (MoJ and is responsible for the administration of the civil family and criminal The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the third most senior judge of England and A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. The President of the Queen's Bench Division is the head of the Queen's Bench Division of the High Court of Justice. The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales. A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the Courts of England and Wales. England and Wales The County Court is the Workhorse of the civil justice system in England and Wales. The system of county courts in England and Wales dates back to the County Courts Act 1846 which received Royal Assent on 28 August 1846 and was brought into force on 15 March The County Court Bulk Centre (CCBC is a County Court in England and Wales created to deal with claims by the use of various electronic media There are various levels of Judiciary in England and Wales — different types of courts have different styles of Judges They also form a strict Hierarchy The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above The Lord Chief Justice of England and Wales was historically the second-highest judge of the Courts of England and Wales, after the Lord Chancellor. The Lord Justices of Appeal (Judges of the Court of Appeal) of England and Wales The Rt Hon For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The President of the Queen's Bench Division is the head of the Queen's Bench Division of the High Court of Justice. A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the Courts of England and Wales. For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice Circuit Judges are senior Judges in England and Wales who sit in the Crown Court, County Courts and certain specialized sub-divisions of the In the Courts of England and Wales, a Recorder is a Barrister or Solicitor of at least 10 years standing who is appointed by the Queen on the advice of There are various levels of Judiciary in England and Wales — different types of courts have different styles of Judges They also form a strict Hierarchy A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is the chief legal adviser of the Crown in England and Wales The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several Criminal jurisdictions around the world The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public Prosecutions A bar council ( Comhairle an Bharra) in a Commonwealth country and in the Republic of Ireland is a Professional body that regulates the profession Barristers in England and Wales are one of the two categories of Lawyer in England and Wales, the other being Solicitors. To all the Lawyers of the USA and Canada I hope you can devise a means to encourage ALL 72000 Lawyers in the USA to help pursue the Sophonpanich Heroin Cartel who set up Macdonalds and placed Ronald A "solicitor" is a term used in many Common law jurisdictions for a lawyer who offers legal services outside of the courts Solicitor Advocate is the title used by a Solicitor who is qualified to represent clients as an Advocate in the higher courts in England and Wales or in Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A magistrates' court is presided over by a tribunal consisting of two or more (most commonly three) Justices of the Peace or by a District Judge (formerly known as a stipendiary magistrate), and dispenses summary justice, under powers usually limited by statute. A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. Not to be confused with formal proceedings of so-called Summary judgment (e A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. The tribunal that presides over the Court is often referred to simply as the Bench.

Legal adviser

Magistrate Judges or District Judge are always assisted by a professional legal adviser or Clerk to the Justices, whose role it is to ensure that procedures are adhered to and that the Bench is properly directed as to the law and its powers, as well as to see that the Courts' business is dealt with efficiently. Unsurprisingly, the Clerk's role is far more significant where lay Magistrates are presiding because they are not legally trained and so require more advice on legal matters than a District Judge. The Clerk ought not to exert any influence upon the Bench - the advice which they provide must be neutral - but nevertheless the advice of the Clerk carries considerable weight. To the end, the Practice Direction 2000 attempts to resolve issues concering the influence of clerks of Magistrates. It states that clerks should only advise on point of law and all advice should be given in open court.

Offences and role

Magistrates' courts deal with minor offences (fines of up to £5,000 and imprisonment of up to 51 weeks (summary offence) 1 year (triable either way offence - cases which can be found to be summary offences or indictable offences). However, when dealing with two or more offences, a magistrates' court has the power to impose a sentence of up to 65 weeks. This differs with Youth Court, where magistrates have the power to impose a sentence of youth detention (known as a Detention and Training Order or DTO for a period of up to two years). A juvenile court or young offender court is a court of law having special authority to try and pass judgments for Crimes committed by children or adolescents

They are generally considered to be the workhorses of the criminal justice system in England & Wales and handle over 95% of the criminal cases in that jurisdiction. When an either way offence is to be tried at the Crown Court, magistrates are responsible for committal to the Crown Court (a task in former times dealt with by a grand jury), which requires the Court to consider whether there is a case to answer based upon statements and exhibits submitted to the court. A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the Common law For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial.

Lay magistrates

Some common law jurisdictions continue to maintain a lay magistracy - those magistrates who are not legally trained. In England, they date from at least 1327, when an Act provided that "good and lawful men" be appointed in every county in the land to guard the Peace. An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. In former times Justices of the Peace would be noblemen or squires, but nowadays are more like what Alexis de Tocqueville described in Democracy in America as "well-informed citizens". In Feudal or Medieval times a squire was a Man-at-arms in the service of a Knight, often as his Apprentice. De la démocratie en Amérique (published in two volumes the first in 1835 and the second in 1840 is a classic French text by Alexis de Tocqueville

Indictment

The grand jury system, which still exists in the United States, has been abolished in England and Wales. In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. The United States of America —commonly referred to as the Instead magistrates now perform the grand jury’s functions of indicting those accused of offences which need to be tried by a jury and committing them to the Crown Court for trial. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice

Procedure in criminal cases

Magistrates' Court cases in England & Wales are mostly prosecuted by the Crown Prosecution Service (CPS), and a CPS representative will always be present at Magistrates' Courts in order to prosecute these cases. The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public Prosecutions A minority of cases are prosecuted by other law enforcement agencies, such as HM Revenue & Customs, RSPCA or the Health and Safety Executive, and in such cases a solicitor or barrister will attend especially to prosecute. This article is about the original RSPCA in England and Wales The Health and Safety Executive (HSE is a United Kingdom Non-departmental public body. A "solicitor" is a term used in many Common law jurisdictions for a lawyer who offers legal services outside of the courts A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation

Defendants are entitled to represent themselves, and often do so in minor cases such as Road Traffic offences. However, it is more usual for a defendant to be represented by a solicitor or barrister. In most Magistrates' Courts there will be a Duty Solicitor available to represent any defendant who does not have his/her own solicitor. In the United Kingdom and several other Commonwealth countries a duty solicitor (or in Canada a duty counsel) is a Solicitor whose services

Bedford Magistrates' Court

Addressing a justice

The Bench may be addressed as "Your worships" if it consists of lay justices, or "Sir/Madam" as appropriate if a District Judge is sitting. Likewise, it is equally appropriate simply to address the chair of the Bench as "Sir" or "Madam". Traditionally, members of the Bar address lay justices as "Sir" or "Madam" whereas solicitors use "Your worship(s)".

Bail, summons or in custody

When a defendant first appears before a Magistrates' Court, s/he will do so in one of three circumstances. S/he will either appear on bail having been charged with an offence and compelled to attend court under penalty; in response to a summons, which requires attendance but does not, in the first instance, carry any penalty for non-attendance; or in custody, having been refused bail by the police. Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding If the defendant is on bail, s/he must first surrender to the custody of the court, which generally means stepping inside the dock of the court which is usually locked until the hearing is concluded.

Whichever the circumstance, the first requirement is to identify him/herself to the Court. Once the Court is satisfied as to the identity of the defendant, it must consider the charges. If the charge(s) is a summary offence, the Court will generally expect a plea to be taken. A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right If the plea is one of "not guilty", the Court will fix a date for trial, taking into account the number and availability of the witnesses.

If the charge is an either way offence, the "plea before venue" procedure is carried out. In this procedure, the defendant must indicate what his/her plea to the charge would be. If the defendant indicates a plea of "not guilty", or declines to indicate a plea, the Court hears an outline of the facts from the prosecution and representations from the defendant or his representative, and then determines whether the case is suitable for summary trial or not. The Court will decline jurisdiction to try the case if it decides that the sentencing powers of the Magistrates' Court are inadequate to deal with the case. In such cases, the case will be adjourned, normally for a period of between four and eight weeks, for the prosecution to prepare the case for committal to the Crown Court. If the Court accepts jurisdiction, the defendant is still entitled to elect to have his/her case tried at the Crown Court.

In the case of offences which are indictable only, no plea is taken and the case is sent forthwith to the Crown Court. For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice

In the event of a plea of guilty, the Court will then consider sentence. For the most minor offences where the appropriate sentence is one of a fine or discharge, this will usually follow immediately after the plea of guilty. However, where the offence is more serious and may justify a community-based penalty (such as unpaid work or a drug rehabilitation course) or imprisonment, the case will usually be adjourned for the probation service to interview the defendant and prepare a pre-sentence report in which a recommendation as to the most appropriate sentence will be made. Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail When the defendant returns to court for sentence, the Bench will consider the report along with any mitigation put forward by the defendant before passing sentence. Magistrates have the power to impose sentences of up to six months imprisonment for one either way offence, and to impose consecutive sentences for multiple either-way offences up to a maximum of twelve months.

In some serious cases, the Court may commit the defendant to the Crown Court for sentence where there are greater powers of punishment.

On each occasion that a defendant appears before the Court, the issue of bail must be addressed. Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding Defendants may be released on bail, which is an order of the Court compelling a defendant's future attendance, which may have conditions attached to it where such conditions are considered necessary either to ensure the defendant's future attendance, prevent the commission of further offences, or prevent the obstruction of justice. If the Court decides that no conditions exist which could achieve these objectives, the Court may remand the defendant in custody until the next hearing.

Committal

When dealing with committal proceedings, it is the role of the Bench to decide whether a case to answer, or prima facie cease exists on the basis of the prosecution statements. Prima facie is a Latin expression meaning "on its first appearance" or "by first instance" In the vast majority of cases this will have been agreed beforehand by the defendant's representative, but where this is in dispute, the Bench must read, or have read to them, the entire prosecution case and then hear argument from the prosecution and defence before ruling on the issue. If the Court finds that there is no case to answer, the matter is discharged; if not, the case is committed to the Crown Court for trial.

Challenges to decisions of magistrates' courts

Main article: Challenges to decisions of magistrates' courts

There are four mechanisms under which a decision of a magistrates' court may be challenged:

• reconsideration by the same magistrates' court^[1];
• appeal to the Crown Court^[2];
• appeal to the High Court (Queen's Bench Division) by way of case stated; and
• judicial review in the High Court (Administrative Division). This article concerns the legal mechanisms by way of which a decision of an England and Wales Magistrates' court may be challenged For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm
• Who is in Court Website

References

See also

• List of Courts in England and Wales
• Local justice area
• Petty sessions area
• Family Proceedings Court
• Who is in Court Website