The Magistrates’ Court is the lowest of all the criminal courts and the court in which all criminal cases are first listed. It hears 96% of all criminal cases. They are heard before either three lay magistrates (people without legal training) or one District Judge (a legally qualified person).
The Magistrates’ Court deals with minor criminal offences including minor thefts, assaults and speeding offences. The court can sentence those found guilty to a maximum of six months imprisonment or a £5,000 fine, as well as some community sentences (probation, community service, curfews etc).
Although largely a criminal court, the Magistrates’ Court has very limited civil power. It deals with matters relating to divorce including custody of children and property matters, but not the divorce itself, as well as the renewal of alcohol and gaming licences for pubs/clubs and betting shops respectively.
In the Crown Court cases are heard before a judgeand jury. The Crown Court hears serious criminal cases, including murder, manslaughter, rape, riot as well as theft and fraud involving considerable sums of money.
The verdict in a Crown Court is not delivered by the judge, but instead by a group of twelve members of the public known as the jury. Once they have decided whether the defendant is guilty or not guilty, the judge then passes sentence. If found guilty, defendants can face the maximum sentence possible by any court in England and Wales, that of life imprisonment. The Crown Court can also fine defendants as well as some community sentences (probation, community service, curfews etc), although these are unlikely in a court hearing as serious matters.
2007-11-06 08:45:49
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answer #1
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answered by Doethineb 7
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Hi there, the differences between the Magistrates and the Crown are as follows:
The magistrates are mostly lay people who do not get paid for their position, but can claim expenses. They are guided by the court clerk. Magistrates receive training but are not legally qualified. The majority of criminal cases start out in the Magistrates court. If the offence is a summary offence it will be dealt with by the magistrates. If the offence is triable either way the Magistrates may accept jurisdiction or decline and send the case to the crown. This happens when the Magistrates do not consider their sentencing powers sufficient. If an offence triable either way is accepted the Magistrates can still send the defendant to the Crown for sentencing anyway. An indictable offence will automatically be sent to the Crown court on committal.
There is no jury in a Magistrates court and they are well known for rubber stamping decisions and being a police court. The Crown has a jury who decide the matter of guilt.
There are advantages and disadvantages to both courts for a defendant, but individual factors have to be taken into account when deciding which court to elect if the offence is triable either way. In the Magistrates court Solicitors appear for their clients, whereas in the Crown court Barristers are instructed to act.
2007-11-06 15:33:24
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answer #2
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answered by claire7kids 2
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There is no jury in the Magistrates' Court, only a bench of 3 Magistrates. Trials in the Crown Courts have a jury of 12.
2016-03-14 00:27:46
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answer #3
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answered by ? 4
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The magistrates Court is a lower Court and dispenses summary justice without a jury on petty crime. The Crown court is a department of the high Court and hears serious criminal offences and it powers are far greater than the lower Court. guilt is decided by a jury of twelve citizens drawn from the electoral role. Sentence is decided by a Judge
2007-11-06 03:26:49
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answer #4
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answered by Scouse 7
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all cases start at mags court....but as they can only fine up to £5000 or imprison for max 6 months....serious offences have to be moved up to the crown court
Magistrates are chaired by volunteer upstanding members of the community with no legal qualification....crown court is resided over by a judge
2007-11-06 03:43:08
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answer #5
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answered by stormydays 5
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whats difference majistrates court crown court
2016-02-03 03:25:29
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answer #6
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answered by Dexter 5
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Crown court is like "big boys court". Its for the more serious crimes and there is a jury. At magistrates there is no jury just three magistrates and its for lesser crimes like theft, robbery etc. Sometimes when magistrates cant come to a decision they send the criminal to crown court.
2007-11-06 03:23:57
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answer #7
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answered by Big Boobs McGee 4
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Magistrates court doesn`t have a jury, crown court does
2007-11-06 05:45:46
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answer #8
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answered by bud 6
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OK!! what is!! the difference between a crown court and a magistrates court?........this is a joke ....right?
2007-11-06 03:42:05
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answer #9
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answered by Anonymous
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Magistrates court is a Mickey Mouse affair presided over by workshy grocers on fat expenses. Crown Court is a real court.
2007-11-06 03:25:50
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answer #10
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answered by Anonymous
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