Your Cart

Magistrates' Court in England and Wales

In England and Wales, the Magistrates' Court is a lower court within the criminal justice system. It primarily deals with less serious criminal cases, including summary offences and some types of either-way offences. Here are some key points about the Magistrates' Court:

Jurisdiction: The Magistrates' Court has the authority to hear and decide cases involving a wide range of criminal offences. It deals with less serious criminal offences, such as minor assaults, low-level theft, certain traffic offences, public order offences, and some types of criminal damage. Additionally, it handles preliminary matters for more serious offences before they are transferred to the Crown Court.

Structure: The Magistrates' Court is presided over by magistrates, who are unpaid volunteers or qualified legal professionals known as district judges. In most cases, three magistrates sit together as a bench and make decisions collectively. Unlike the Crown Court, there is no jury present in the Magistrates' Court.

Summary offences: The Magistrates' Court handles summary offences, which are less serious offences that can be dealt with without a jury trial. The magistrates hear the evidence presented by the prosecution and defence, determine guilt or innocence, and impose penalties within their sentencing powers.

Either way offences: The Magistrates' Court also deals with either way offences, which are offences that can be tried in either the Magistrates' Court or the Crown Court, depending on factors such as the seriousness of the offence, the defendant's criminal history, or the decision of the prosecution. If the defendant elects for a trial in the Magistrates' Court and is found guilty, the court can impose penalties within its sentencing powers. However, if the case is deemed too serious, it may be sent to the Crown Court for trial.

Sentencing powers: The Magistrates' Court has limited sentencing powers compared to the Crown Court. It can impose fines, community orders, short-term custodial sentences (up to six months for a single offence or up to 12 months for consecutive sentences), and other non-custodial penalties.

Appeals: Appeals from the Magistrates' Court go to the Crown Court, which is a higher court. Defendants convicted in the Magistrates' Court have the right to appeal their conviction or sentence if they believe there are grounds for appeal.

Locations: Magistrates' Courts are located throughout England and Wales, serving specific geographic areas. They are usually located in towns and cities and handle a high volume of cases.

The specific procedures and rules for the Magistrates' Court can vary depending on the nature and circumstances of the case. Consulting legal professionals or referring to the relevant legislation and sentencing guidelines is essential for a comprehensive understanding of the Magistrates' Court and its processes in a particular case.

You can learn more about this topic with our Criminal Practice notes.

Featured Collection

Our Partners