Magistrates' Court

Question 1

Magistrates try all summary cases, how many a year are there of these?

Answer 1

-over half a million cases heard each year

Question 2

How many triable either way cases are there heard at the MC in a year?

Answer 2

c400,000

Question 3

What is the role of the MC regarding indictable offences?

Answer 3

They deal with the first hearing

Question 4

What matters of criminal cases to the MC deal with ?

Answer 4

-all side matters such as
*issuing warrants for arrest
*Deciding bail applicants

Question 5

what offence do the MC deal with which sum up to c600,000 cases a year?

Answer 5

motoring offences

Question 6

How many cases of youth defendants 10-17 are dealt with each year?

Answer 6

150,000

Question 7

How many cases do the magistrates deal with a year?

Answer 7

over 1.5 million

Question 8

The current maximum fines are dated under what act?

Answer 8

Criminal Justice Act 1991

Question 9

What are the 5 levels of fines?

Answer 9

level 1- £200
level 2-£500
level 3-£1,000
level 4-£2,500
level 5-£5,000

Question 10

Under certain breaches of environment law and health and safety legislation, how much can the MC fine ?

Answer 10

£20,000

Question 11

What is the maximum prison sentence that can be given to summary offences?

Answer 11

6 months in prison
or
12 months for 2 triable either way offences

Question 12

At the start of the case what must the clerk do ?

Answer 12

• check the defendants name and address
• ask whether guilty or not guilty

Question 13

What percentage of defendants in the MC plead guilty?

Answer 13

over 90%

Question 14

What is Newton hearing and why does it happen?

Answer 14

a Newton hearing is an inquiry to establish the facts of a case
-Happens when defendant has pleaded guilty but does not agree with the CPS’s court resumé facts

Question 15

During a guilty plea at MC, what information about the defendant is brought to court?

Answer 15

• Antecedent history
• financial problems
• mental report

Question 16

what is the examination in chief?

Answer 16

When prosecutor witnesses will be called one at a time to give evidence and the prosecutor will question each to establish what he saw and heard.

Question 17

When is a case dismissed at the end of the prosecution case?

Answer 17

the defence can submit to the MC that there is no case to answer and so the case is dismissed

Question 18

Under what act can the Magistrates draw their own conclusions from the fact that the accused stay silent and do not explain their side of the matter?

Answer 18

Criminal Justice and Public Order Act 1994

Question 19

When a defendant is convicted what will the Magistrates hear before passing sentence?

Answer 19

• Past record
• Reports
• A speech of mitigation

Question 20

When can a defendant be retried?

Answer 20

When the prosecution successfully appeals against the acquittal in a ‘case stated’ appeal

Question 21

What 2 parliamentary matters have to be decided during a TEO?

Answer 21

1) Whether the defendant has pleaded guilty or not guilty
2) Where the trial should take place

Question 22

What happens at the end a TEO dealt with at MC for a guilty plea?

Answer 22

All facts are heard and the MC decide whether to send the defendant to CC for sentencing

Question 23

If the defendant pleads not guilty how is it decided on which court they go to ? 2

Answer 23

• Magistrates either accept or refuse jurisdiction
• Defendant can choose MC or CC for sentencing
• if in MC, trial will be same as guilty case

Question 24

Under what act and section must all indictable offence cases be transferred to the CC immediately?

Answer 24

s.51 of Crime and Disorder Act 1998

Question 25

For triable either way offences how is it decided whether the case will be tried and sentenced in MC or CC?

Answer 25

Plea before Venue hearing
-if not guilty, mode of trial hearing

Question 26

What is the clerk also known as?

Answer 26

legal advisor

Question 27

What experience must a senior clerk of the MC have?

Answer 27

They must be a barrister or solicitor of at least 5 years

Question 28

what is the role of the MC clerk?

Answer 28

Guide the Magistrates on questions of law, practise and procedure
Correct procedure is followed in court

Question 29

How is the clerk’s role different from the magistrates’?

Answer 29

they dont take part in decision making

Question 30

What powers do senior clerks have?

Answer 30

• Can issue arrest warrants
• extend bail
• adjourn criminal proceedings
• conduct early administrative hearings

Question 31

How many MC’S are there in England and Wales?

Answer 31

about 300

Question 32

What are MC’s?

Answer 32

local courts

Question 33

What 2 things may a magistrate be?

Answer 33

-Qualified district judge
or
-unqualified lay justices