Magistrates' court (England and Wales)
[4] In the criminal court, individual magistrates have equal sentencing powers to district judges and deliver verdicts on both “summary” and “either way” offences that carry up to twelve months in prison, or an unlimited fine.
3. c. 53) created a separate system of courts presided over by magistrates, staffed with constables – based on the Bow Street Runners.
The maximum sentencing powers of magistrates' courts are 12 months imprisonment and/or an unlimited fine.
There are four types of sentence available to the magistrates – a discharge (either conditional or absolute); a financial penalty; a community order, which must include at least one of twelve possible conditions (such as supervision, unpaid work, curfew, treatment programmes for issues such as domestic violence or sexual offending, drug and alcohol rehabilitation, etc.
Often the point is to achieve restorative justice (compensation of victims of crime) and reformation of the offenders.
This is often complemented by some kind of programme or treatment, offering a helping hand to offenders, and engaging them at the same time – ending a drug habit, coping with a mental illness, skills and qualifications for work, and more.
[3] For all cases, excluding murder,[8] the magistrates will decide whether the defendant is to be released on bail or remanded into custody.
Justices of the peace (JPs), more commonly referred to as magistrates, are trained volunteers appointed from the local community; the nature of their role means that it is not necessary for them to be legally qualified, but they do have the assistance of a legally-qualified adviser in court.
[10] JPs require intelligence, common sense, integrity, and the capacity to act fairly.
They are selected by a local advisory committee and only recommended to the Lord Chancellor for appointment if they can demonstrate the six key qualities required of a judicial office holder, these are: (a) good character, (b) commitment and reliability, (c) social awareness, (d) sound judgement, (e) understanding and communication and (f) maturity and sound temperament.
[12] The training, delivered by the Judicial College, covers the necessary law and procedure required for their role.
[13] Additional training is given to justices choosing to sit in the Youth Court or those dealing with family matters.
[13] Justices of the peace are unpaid appointees, but they may receive allowances to cover traveling expenses, subsistence and loss of earnings for those not paid by their employer while sitting as a magistrate, up to £116.78 a day.
District judges will often hear cases where there is complex legal argument and where a ruling may be required regarding the law.
The senior district judge holds the title chief magistrate, but has no responsibility for justices of the peace.
A relative novelty in English criminal proceedings, the CPS was established by the Prosecution of Offences Act 1985.
Since its creation in 1986, it is the principal, though not the only, body that can bring a case to a criminal court in England and Wales.
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.
In the event of a plea of guilty, the court will hear the facts of the case from the prosecution and mitigation from the defence, then consider sentence.
For the most minor offences where the appropriate sentence is a fine or discharge, this will usually follow immediately after a plea of guilty.
However, where the offence is more serious and may justify a community-based penalty 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.
The grand jury system, which still exists in the United States, has been abolished in England and Wales.
The court must have regard to both its sentencing powers and also any legal, procedural and factual complexity which may make the case unsuitable for summary trial.
If a defendant did not know about their case before a decision was made then they can make a statutory declaration before the magistrates' court.
If the appeal is against conviction then the hearing is de novo, that is, it is a complete rehearing of the original trial.
The Judge will preside over the proceedings and direct the Court as to the relevant law, but all panel members have an equal say regarding the final decision or verdict.
Upon considering the matter, the High Court may reverse, affirm, or amend the determination in respect of the case that has been stated.
[29] Judicial review may be considered if a party believes that a court has acted in excess of its jurisdiction, that there has been a breach of natural justice, or if a decision or reasoning is Wednesbury unreasonable, ie.
