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Magistrates courts

Two types of criminal court

There are two types of criminal courts. The magistrates courts, and the Crown Court. Essentially the most serious cases are dealt with in the Crown Court (known as "indictable only offences" - that means they can only be heard in the Crown Court unless the offender is under 18). Minor offences are dealt with in the magistrates Court (known as "summary only offences"). Some offences are "triable either way" offences (either triable on indictment -i.e. at the Crown Court - or triable summarily -i.e. in the magistrates Court). If it is an "either way" offence then if the defendant wants a trial before a jury he can "elect" Crown Court trial. On an either way offence, the court can in any event commit (i.e. send) the case for trial to the Crown Court if they think the matter is too serious to be dealt with by the magistrates. (For example although charged as burglary, one burglary might be much more serious than another).

The magistrates can also send someone who is convicted to the Crown Court for sentence. For example if in the light of the defendant's previous convictions they feel their sentencing powers are not great enough. Generally speaking for each offence the magistrates court cannot give a sentence of more than six months (if the offence is one that carries a penalty of imprisonment) or on a series of offences more than 12 months in total. A judge can give much longer sentences in theory even if he does not in practice. (For example the maximum theoretical penalty for a charge of theft would be six months in the magistrates, but 7 years in the Crown Court).

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Summary Offences

Summary offences can still be quite serious. Let us say you are charged with drink-driving. A conviction for excess alcohol (driving while having greater than the permitted quantity of alcohol in your system) can mean you can be sent to prison, let alone losing your licence and possibly your job. However that is a summary only offence, so if you face that charge it can only be tried before the magistrates (subject to any right of appeal) .

Very rarely there can be a dispute about what the status of an offence is. Some years ago an ingenious barrister persuaded a magistrates court that because of various omissions in various statutes, a parking charge could not be heard in the magistrates and had to go to the Crown Court. He no doubt thought that the matter would be abandoned, but instead found himself in the Crown Court in front of a judge who was not amused at having his time wasted with a parking offence. The barrister continued with his argument until the judge asked him if it was right that the matter was not covered by statute whether that did not mean that he had a residual power to imprison for parking. You can imagine what the barrister's client's face looked like at that moment. That suggestion from the judge was probably as much nonsense as the original suggestion from the barrister, but it got the message across that if you start ignoring the rules you can end up with all sorts of bizarre consequences. The point was soon abandoned.

Magistrates may still sit on serious cases if they are magistrates who sit in the youth (formerly called juvenile) court, a court for offenders under 18. They can be tried there for offences which would not be tried before magistrates if the charge related to an adult.

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Composition of the Court

A magistrates court consists of ordinary members of the public who have been appointed to sit as magistrates. They are addressed as "your worships". They will be different from a jury in this sense. A jury will be ordinary members of the public who come together for a short period of time (unless they happen to end up sitting on a long case) to hear cases for say a couple of weeks and then stop to be replaced by fresh jury members. Magistrates will sit upon cases year in year out.

Magistrates who are not trained lawyers are known as "lay" magistrates. They are referred to in general, as anyone judging is, as "the bench" so that if you are appearing in front of lay magistrates they will often be referred to as "the lay bench".

The magistrates will be advised as to the law by the Magistrates Court Clerk who will have legal training. Sometimes it is a former solicitor or barrister, although sometimes the court clerk will go in the other direction and go into practice later. Instead of the lay bench sometimes the court consists of a magistrate who is a qualified lawyer and known as a District Judge.They are addressed as "Sir" or "Madam". In days gone by such a lawyer sitting as a magistrate was known as a "Stipendiary Magistrate". So if you read an old crime report referring to such a person you know what they are.

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Courtesy Pays

Although magistrates are ordinary members of the public that does not mean that they will have no legal knowledge. An eminent barrister who is now a judge was many years ago appearing in front of a magistrates court in Wales. When he was making legal submissions, one of the magistrates kept quizzing him on the legal points. At first patiently, and then with increasing annoyance, he kept telling the magistrate that rather than keep asking legal questions perhaps he should just accept that at the end of the case the magistrates' clerk would direct him and the other magistrates on what the legal principles were. With every interruption the barrister's voice got louder, and he was surprised that everyone else in court, instead of nodding their support at his stance, seemed worried and surprised by it. When it came to the mid-morning short break, someone in the court told him "you don't obviously realise that that magistrate is Lord Morris". His being a Lord would be neither here nor there, but he was a recently retired Law Lord. The Law Lords are the judges who sit in the highest appeal court (our version of the Supreme Court, as it will soon be called), who have all been promoted there from senior legal positions because they are the top judges in the country. They are all ferociously bright lawyers. Lord Morris having recently retired had returned to the part of the country he was from and was now sitting as a local magistrate. The barrister realised he had been effectively telling one of the country's most distinguished lawyers that the man didn't know what he was on about should stop asking questions. The barrister was a lot more polite after that.

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Parting Shot

Normally both the magistrates and their clerk would be very polite to the lawyers appearing in front of them however much they seem to disagree with what was being stated. That is why one particular incident, again involving a barrister who is now a judge, was so memorable. Early in the case the magistrates’ clerk was quite rude to the barrister. He took no point about it then, because he was trying to protect his client's interests, and did not want attention diverted from the point he was trying to make. At the end of the case however, he stood up and stated to the magistrates " Your worships, your clerk was rude to me earlier today and if he is a gentleman he will apologise". There was a silence. Everyone looked at the clerk. He turned to the magistrates and said " It isn't a case for an apology your worships". "As I said, if he is a gentleman he will apologise." was the barrister's parting shot as he left the court. I suspect the clerk wished he had.

Michael J. Booth QC