A Guide to Magistrates Court Procedures

The Magistrates Courts are an important structure of the justice system. At least 95% of cases will go through the Magistrates. The Court mainly deals with criminal cases and civil cases, the latter generally include; civil debt, family disputes, motoring offences, child welfare, and anti-social behaviour. Every criminal case will start at the magistrate's court and if proven complex they will be automatically passed over to the Crown Court for a trial involving a jury. The magistrates make the vital decisions that determine what direction would be better for each case.

For the civil cases the Magistrates Court will usually:

• set a timetable for hearings
• listen to all available evidence
• decide on whether to grant bail
• make informed decisions on who is innocent or guilty and enforce the best possible sentences for each case

As the Magistrates Court is the starting point for all cases, some crimes such as thefts are known as 'either way' offenses and can be dealt with by the Magistrates or Crown Court. If these cases go to the Crown Court the outcome will be decided in a trial by a judge and jury. The magistrate courts will also begin proceedings on more serious crime cases including; rape, murder, terrorism, and robbery. These types of serious cases will then be passed over to the Crown Court where a qualified judge and jury will decide on the sentence of the defendant.

During the period of preparation for a case the Magistrates Court has the ability to decide what to do with the defendant whilst the case is being built. Often bail will be given to attend the next hearing date. Magistrates can set a condition to the bail, for example, they can order the defendant to pay for their bail and even order them to live at a certain address to ensure they will attend the next hearing. In the more serious cases Magistrate are able to place a defendant in prison until the date of the hearing.

The prosecution in a Magistrates Court trial are usually presented by the Crown Prosecution Service (CPS). The prosecution would present their case first, followed by the defence lawyer of the defendant or the defendant themselves if they wish to present their own case. Once both sides have been heard the Magistrates will leave the court to make their decision. They will take into account the defendants personal situation or any other factors that could have huge consequences, for example they could be a single unemployed parent and their children would need to be considered. Once a decision is made it will be read out in the court room with any past offenses of the defendant.

Once the Magistrates have concluded that a defendant is guilty, through an in depth analysis and evaluation of the case, they can sentence the defendant in a manner of ways. They will decide on the most appropriate sentence that will attempt to ensure they will not offend again. The legal advisor will be present to help provide expert knowledge on all the different sentencing options available, these would include one of the following;

• a prison sentence of up to 6 months
• order bailiffs to seize any goods to pay for what is owed
• a absolute discharge (this will occur if it is a first offense and the defendant seems unlikely to offend again)
• a conditional discharge (the defendant may have another conviction and can be sentenced for both offenses)
• a compensation fee of up to £5,000, which the defendant would have to pay the other party involved in the case
• community service where the defendant would have to partake in activities that would benefit their local community

Youth Courts are a branch off the Magistrates Court and deal with individuals aged between 10 and 17. Any criminal case in a Youth Court will have a different range of sentencing that aims to ensure that young offenders do not commit another crime.

Getting the best legal advice before you have to appear in court is essential to the success of your case, whether you are the defendant or the prosecutor. The Magistrates Court is probably the most important and fair way to resolve any disputes that could happen to you in everyday life, so it is vital you know how the system works and find the right help for you.

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