by Brian Fraser Harrison
Published 2002
Shaw & Sons
Paperback
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Blackstone's Handbook for Magistrates
by Neil McKittrick, et al
Published2000
Blackstone Press
Paperback
Read more...
Anthony and Berryman's Magistrates' Court Guide
by Terence Moore
Published 2004
Butterworths Law
Paperback
Read more...
by Trevor Grove
Published September, 2003
Bloomsbury
Paperback
Read more...
THE CRIMINAL JUSTICE SYSTEM
The criminal justice system is based on an adversarial procedure which requires the person who accuses to prove the case. The Magistrates' role is to listen to the evidence and make the decision on that evidence without asking questions other than to clear up ambiguities. At other stages of the Court procedure, such as adjournments, mode of trial, bail and sentencing, the Magistrates may adopt an inquisitorial approach and they are able to ask more questions and to probe more deeply into the matter before the Court.
All criminal cases start in the Magistrates Court even the most serious, 97% of criminal cases are dealt with by the Magistrates and the remaining 3% are tried in the Crown Court. Appeals from decisions of the Magistrates Court are heard by the Crown Court or, where a point of law only is involved by the High Court.
The Magistrates Court also has a limited but important civil jurisdiction which includes Family Law, Betting Licensing and enforcement of Community Charge.
Graphic by kind permission of Peter Milford & St. Vincent College.
No two courts are identical but most contain these features.
1. Magistrates' Bench
Maximum of seven magistrates and minimum of two magistrates may sit. Usually magistrates sit in threes.
2. Clerk's Bench
The clerk (now known as a Legal Advisor) in court will be a solicitor, barrister or holder of the Diploma in Law for Magistrates' Courts Clerks.
3. Solicitors' Desk
The representatives for the prosecution and defence conduct their case from this desk.
4. Dock
Defendants charged with the more serious cases will be placed in the dock during the trial.
5. Probation Desk
A representative of the probation service may be in court to assist the court by providing information about the defendant.
6. Witness Box
All persons (including the defendant) will give their evidence from the witness box.7. Press
The press have a right to report all matters in the Magistrates' Court unless there is a restriction on such publication.
8. The Public
All persons over 14 years are entitled to sit in court to observe the proceedings.