Magistrates' Court Flashcards
Magistrates try all summary cases, how many a year are there of these?
-over half a million cases heard each year
How many triable either way cases are there heard at the MC in a year?
c400,000
What is the role of the MC regarding indictable offences?
They deal with the first hearing
What matters of criminal cases to the MC deal with ?
-all side matters such as
*issuing warrants for arrest
*Deciding bail applicants
what offence do the MC deal with which sum up to c600,000 cases a year?
motoring offences
How many cases of youth defendants 10-17 are dealt with each year?
150,000
How many cases do the magistrates deal with a year?
over 1.5 million
The current maximum fines are dated under what act?
Criminal Justice Act 1991
What are the 5 levels of fines?
level 1- £200
level 2-£500
level 3-£1,000
level 4-£2,500
level 5-£5,000
Under certain breaches of environment law and health and safety legislation, how much can the MC fine ?
£20,000
What is the maximum prison sentence that can be given to summary offences?
6 months in prison
or
12 months for 2 triable either way offences
At the start of the case what must the clerk do ?
- check the defendants name and address
- ask whether guilty or not guilty
What percentage of defendants in the MC plead guilty?
over 90%
What is Newton hearing and why does it happen?
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
During a guilty plea at MC, what information about the defendant is brought to court?
- Antecedent history
- financial problems
- mental report
what is the examination in chief?
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.
When is a case dismissed at the end of the prosecution case?
the defence can submit to the MC that there is no case to answer and so the case is dismissed
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?
Criminal Justice and Public Order Act 1994
When a defendant is convicted what will the Magistrates hear before passing sentence?
- Past record
- Reports
- A speech of mitigation
When can a defendant be retried?
When the prosecution successfully appeals against the acquittal in a ‘case stated’ appeal
What 2 parliamentary matters have to be decided during a TEO?
1) Whether the defendant has pleaded guilty or not guilty
2) Where the trial should take place
What happens at the end a TEO dealt with at MC for a guilty plea?
All facts are heard and the MC decide whether to send the defendant to CC for sentencing
If the defendant pleads not guilty how is it decided on which court they go to ? 2
- Magistrates either accept or refuse jurisdiction
- Defendant can choose MC or CC for sentencing
- if in MC, trial will be same as guilty case
Under what act and section must all indictable offence cases be transferred to the CC immediately?
s.51 of Crime and Disorder Act 1998
For triable either way offences how is it decided whether the case will be tried and sentenced in MC or CC?
Plea before Venue hearing
-if not guilty, mode of trial hearing
What is the clerk also known as?
legal advisor
What experience must a senior clerk of the MC have?
They must be a barrister or solicitor of at least 5 years
what is the role of the MC clerk?
Guide the Magistrates on questions of law, practise and procedure
Correct procedure is followed in court
How is the clerk’s role different from the magistrates’?
they dont take part in decision making
What powers do senior clerks have?
- Can issue arrest warrants
- extend bail
- adjourn criminal proceedings
- conduct early administrative hearings
How many MC’S are there in England and Wales?
about 300
What are MC’s?
local courts
What 2 things may a magistrate be?
-Qualified district judge
or
-unqualified lay justices
