If one has to attend an magistrates court, should they be worried??
Will one go to prison!!!!!!!!!
2006-10-22 07:04:31 · 16 answers · asked by mita 1 in Politics & Government ➔ Law & Ethics
a magistrates court is the first step in the judicial system.... they can give custodial sentences however, more often than not if the case was so serious they would recommend it to the crown court.
the magistrates do not have the power to hand out as harsh punishments as the crown court but all cases start at the magistrates and are then passed on.
2006-10-22 07:09:03 · answer #1 · answered by Helen 4 · 2⤊ 0⤋
A magistrates court is the first court before which a person appears when charged with an offence. Depending upon the seriousness of the charge, the case may be dealt with there or be committed to the Crown Court for trial. The sentencing powers of magistrates are limited (six months per offence), although there is the possibility of imposing consecutive sentences for a series of offences for a total length of no more than twelve months. Whether or not a person summoned to attend a magistrates' court could face a prison sentence depends on the nature of the offence and the sentencing options. The vast majority of people answering charges before magistrates do not go to prison, especially for a first offence, so the answer to your question is yes, it is a serious matter and one to be concerned about, but no, prison is not very likely.
2006-10-25 14:17:56 · answer #2 · answered by Doethineb 7 · 1⤊ 0⤋
Magistrates courts deal with the `less` serious crimes, or first offences. The `punishment` is decided by usually three people who sit on the bench, they are trained laymen, not judges. Crown court deals with the more serious crimes, for which. the defendant has elected to have trial by jury. This means that 12 ordinary members of the public, will listen to the facts of the crime, and they decide whether the accused person is guilty or not. Crown court usually carries a heavier sentence than the magistrates court.
2006-10-22 22:54:50 · answer #3 · answered by Social Science Lady 7 · 1⤊ 0⤋
The magistrates court is where all "criminal" trials start off in criminal law. Approx 97% of all criminal cases a decision is made in magistrates and goes no further.
In the majority of magistrates courts defendants are tried by 'Lays' (Justices of the Peace (JP's)). These are judges. Anyone can become one, they are part-time, not salaried and not legally qualified meaning they usually take longer to make decisions and more appeals are usually made against them. However, these people may have more similar backgrounds to you and I compared to fully-qualified judges who usually come from public school, from Oxbridge and predominatently white and male.
If one was to appeal against a magistrates court decision then this would then go to the Crown Court. This is made up of a fully qualified judge and a jury. The jury is made up of 12 'lays'.
You can then appeal again to the Court of Appeal: Criminal Division and if you are still unsatisfied you can appeal to the House of Lords (which is currently going under major reform). Although 97% of cases never go further than the magistrates court.
A county court is the first court in the "Civil" legal system. This is for getting things such as compensation which is different from criminal.
2006-10-22 18:33:46 · answer #4 · answered by slashjunior2003 2 · 0⤊ 0⤋
Magistrates court tends to deal with, what in law are deemed to be lesser issues e.g. debt, drugs. Crown court deals with what are deemed more serious e.g murder.
Should anyone be worried about an appearance at a Magistrate Court..........rather depends why........a defendant? A Jury member? A criminal offence or a dispute to be resolved.? Will one go to prison? See above, depends on why anyone is there. In some circumstances an appearance at a Magistrates Court can result in a custodial sentance.
2006-10-22 07:18:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Crown Courts are more important and can give longer prison sentences than Magistrates. More worrying to be in Crown than Magistrates.
2006-10-22 07:07:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It depends on your crime. A magistrates court is the local court. Crown court acts for the county but can also hear other crimes from all around the UK.
2006-10-22 07:07:21 · answer #7 · answered by interested_party 4 · 0⤊ 0⤋
magistrates court can send you to prison as can a crown court the differance is that if you are suspected of comiting murder thay can only remand you as a jury is needed that you will only get at the crown courts
2006-10-22 08:08:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
normally magistrates courts do not sentance you to jail mainly they give fines and comunity punishment or just a slap on the wrist depending on the offence commited but i take it that its not to serious or you would be at crown court in which its upto a jury if you guilty or not!
2006-10-22 08:30:09 · answer #9 · answered by kaitlyn s 1 · 0⤊ 0⤋
I think that you can go to prison in both magistates and crown courts. I think Crown are for more serious offences such as rape, murder etc. Magistrates are for burgulary, motoring offences etc.......I might get corrected but that is what I think
2006-10-22 07:07:27 · answer #10 · answered by sledge250672 2 · 0⤊ 0⤋