Criminal Law (MAGISTRATES' COURT)


MAGISTRATES' COURT

A magistrates' court usually consists of a "bench" of three lay, unpaid magistrates - known as justices of the peace ("JPs") - who are advised on points of law and procedure by a legally qualified clerk or a qualified assistant. There are nearly 28,000 lay magistrates serving some 450 courts. A few full-time, legally qualified stipendiary magistrates may sit alone; they usually preside in courts in urban areas where the workload is heavy. In 1992 there were 76 stipendiary magistrates in England and Wales.

Usually those charged with criminal offences first appear in a magistrates' court. Summary offences - the less serious offences which represent the vast majority of criminal cases - are tried by the magistrates themselves. The most serious offences, such as murder, manslaughter, rape and robbery, are tried on indictment (or formal accusation) only by the Crown Court. Usually those charged with such offences first appear before a magistrates' court, which decides whether to commit them to the Crown Court for trial. A third category of offences (such as theft, burglary or malicious wounding) are known as "either way" offences; they can be tried either by magistrates or by jury in the Crown Court, depending on the circumstances of each case and the wishes of the defendant.

In cases of serious or complex fraud and in some cases involving child witnesses, committal proceedings in magistrates' courts may be bypassed at the discretion of the prosecution. However, the accused can apply to the Crown Court to be discharged on the ground that there is no case to answer.


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