Satvir Daroch
   430 magistrates courts in England and Wales.   Local courts which most towns will have.   Magistrates can be either ...
   Try all summary cases   Can try some triable eitherway offences    where they feel they have enough power to    do so...
   Enforcing council tax. Issuing entry warrants    to gas and electric companies.   Family cases, i.e. issue protection...
   These are generally considered the least serious criminal    cases.   These offences out number other types   Offenc...
   Crown prosecutor for CPS will give the facts of    the case.   Defendant is asked if he agrees with the basic    fact...
   Both sides must produce evidence.   Burden of proof is on prosecution so they go first.   Prosecution will then call...
   If defendant pleads guilty the case is dealt    with in the same way as a summary offence.   If the Magistrates’ feel...
   The Magistrates must decide where the case    goes. Up to the Crown or stays in    Magistrates.   Case stays if Magis...
   A small time shop lifter.   Violent drunk.   Racist killer.                                  Summary offence       ...
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Law-Exchange.co.uk Shared Resource

  1. 1. Satvir Daroch
  2. 2.  430 magistrates courts in England and Wales. Local courts which most towns will have. Magistrates can be either qualified district judge of unqualified lay. Magistrates are assisted by qualified Clerk in court
  3. 3.  Try all summary cases Can try some triable eitherway offences where they feel they have enough power to do so. Deal with the first hearing of all indictable offences Deal with issues of warrants and bail applications Try cases in their youth court for offenders 10-17
  4. 4.  Enforcing council tax. Issuing entry warrants to gas and electric companies. Family cases, i.e. issue protection orders. Welfare of children under Children’s Act 1989 Hearing appeals for refusal of licence to sell alcohol.
  5. 5.  These are generally considered the least serious criminal cases. These offences out number other types Offences are divided into five categories. One = least serious five = most. Criminal justice Act 1991 states Level one offences maximum of £200 and Level Five £5000. Magistrates do have power to issue £20,000 for businesses under environmental and health Law Criminal Justice Act 2003 states maximum sentence of 15 months, previously 6 months. The case starts with the clerk asking defendant to confirm their name and address and whether they plead guilty or not guilty. 90 % of cases plead guilty and are sentenced
  6. 6.  Crown prosecutor for CPS will give the facts of the case. Defendant is asked if he agrees with the basic facts. If not the magistrates must establish the facts Defendants past record is given to the court. Other details like defendant’s back ground and financial position are given to the court Relevant reports will be considered, i.e. from probation service. Defendant or his representative will then present any mitigation. Magistrate decide sentence.
  7. 7.  Both sides must produce evidence. Burden of proof is on prosecution so they go first. Prosecution will then call their witnesses to give evidence. The defence then get a chance to cross examine the witnesses. At the end of the prosecution case the defence can submit to the court that there is no case to answer. For most cases the case will proceed. Now comes the defence case where usually the defendant will give evidence. The CJPO Act 1994 says that where the defendant stays silent, the magistrates may draw their own conclusions. If defendant gives evidence then the prosecution will have a chance to cross examine. The defence can call any witnesses for their case. Defence will then have the right to make a speech to convince the magistrate that the defendant is not guilty. If magistrate decides defendant is guilty then they will consider past record and reports before sentencing. If magistrates’ decide not guilty then case is dismissed and defendant is free to go
  8. 8.  If defendant pleads guilty the case is dealt with in the same way as a summary offence. If the Magistrates’ feel like their sentencing powers aren’t enough then they can decide the defendant goes to the Crown for sentencing.
  9. 9.  The Magistrates must decide where the case goes. Up to the Crown or stays in Magistrates. Case stays if Magistrates’ and defendant decide it should. There will now take place a trial similar to Summary offence procedure.
  10. 10.  A small time shop lifter. Violent drunk. Racist killer.  Summary offence  Triable eitherway  Indictable offenceMatch the offender with the offence category.
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