Magistrate court?

Question

Can some please desbribe the range of work covered in the magistrates court here in the uk.?

Also the advantage and the disadvantage of having ordinary public apoint as a magistrate?

Answer 1

Are you answering a Law A Level question?

Magistrates court is the court of first inference, which means all criminal cases go to the magistrates court to be heard before they go elsewhere. Another way of putting it, is that Magistrates can hear just about ANY kind of case in existence

The advantage to having lay people as the magistrate is that it makes up for the lack of a jury. There is always a qualified lawyer there to advise on points of law.

You dont need to wear a wig and be a former barrister to be impressive, take a day at a magistrates court and you'll soon see what i mean!

Answer 2

The Magistrates' Court is the starting point for nearly all criminal cases in England and Wales. It therefore deals to some degree with every type of criminal case, although only summary cases are heard there. Here is a link to the court service in England and Wales. http://www.hmcourts-service.gov.uk/
there are more than 700 magistrates' courts in England and Wales. It is rare for the sort of cases dealt with in these courts to grab the nation's attention, or hit the headlines. However, these courts are a vital cog in the wheel of justice, and nearly all of the UK's criminals will pass through their doors.

In our massively complex society, which is governed by a myriad of rules, the magistrate's courts perform a fast and relatively cheap public service, handling everything from common assault to driving while disqualified.

Magistrates may be legally qualified and salaried (stipendiary magistrates) or unqualified and unpaid lay justices, and there is also a legally qualified clerk attached to each court to assist the magistrates. There are about 29,000 lay justices and more than 60 stipendiary magistrates. A magistrates' court is normally composed of at least two, and not more than seven, magistrates, when trying a case.

Magistrates' courts handle all the less serious crimes, such as parking offences, which cannot be tried by a jury. These are known as "summary" offences. Certain more serious crimes such as manslaughter and arson can only be tried at the Crown Court, where a jury may be present. These are known as solemn or indictable offences.

Some crimes fall into the category of being "triable either way", and these can be heard in either court. An example would be if a potentially serious offence such as theft was committed in a small way, such as theft of a packet of crisps. For certain offences, the magistrate will take an initial look at the evidence to make sure there is enough there for the case to proceed to the Crown Court.

As well as trying cases, magistrates take care of such matters as issuing warrants and deciding bail applications that are separate from the trial hearing.

The majority of defendants plead guilty and the court then decides what sentence to impose. If the plea is not guilty then the court tries the case and the burden of proof is on the prosecution who must prove the accused is guilty according to a standard known as "beyond reasonable doubt". Just like the referee at a football match, the magistrate is there to make sure both sides to the proceedings act in accordance with the rules. The lawyers argue the case, and the magistrate makes sure the argument is fair.

The magistrate also decides the appropriate penalty. Summary offences are divided into five levels of seriousness, with maximum fines for each level. Some offences triable in the magistrate's court attract prison sentences of up to six months.

Since 1997, the defendant who pleads not guilty can elect to go to the Crown Court for trial, if the offence falls into the category of being triable either way. According to statistics, less than one in 20 elect to do so. The advantage of going to the Crown Court is that you get a trial by jury and this means you stand a higher chance of acquittal. Not guilty defendants stand a 20% chance of acquittal in the Magistrate's Court but a 60% chance in the Crown Court. The disadvantages are that the process takes longer, is more expensive, and carries the risk that the defendant will end up receiving a much higher sentence!

The magistrates also deal with civil matters, but to a much lesser degree. These include non-payment of council tax and the granting of licenses to taxis and bars.

Answer 3

I couldn't tell you about the UK version of the Magistrate court but here in America the Magistrate courts serve as an extension of our regular court system. Magistrates are either appointed or elected depending on the state and generally serve as "night judges" since a judge in America seems to work when ever they want and not when needed. Ironically, Magistrates do not have to be educated about our legal system. Rather, they just kinda wing-it. Talk about a problem.

Answer 4

The greatest injustice in the UK today is the 'Speed Camera Partnership'
Think about it..
The camera people want you caught and convicted cos they got a financial stake in it..
..The Police want you caught and convicted cos they got a financial stake in it...
..AND the magistrates court gets a share of the proceeds as well.
Conflict of interest springs to mind.
The system is so stacked against the motorist they aint got a snowballs chance in hell of being found 'not guilty'.

Answer 5

wot