Magistrates Court

INTRODUCTION

This is a basic introduction to the Magistrates Court. It does not give you specific legal advice. It is important to consult a Solicitor if you are to appear in Court as a Defendant. Please enquire from a Solicitor if you are eligible for Legal Aid.

PROCEDURE

Criminal proceedings will begin if you have been charged with an offence or have been summoned to appear before a Magistrates Court. This article will give you a basic guide of the procedures in the Magistrates Court when you have been charged with an offence.

POLICE STATION

The Police in the Police Station usually charge an accused with an offence. If an allegation of a criminal offence has been made against you, you may be arrested and interviewed. If you are charged with the offence the Police may bail you to appear at a particular Magistrates Court on a date given. If you are not given Police bail, then you will be produced at a Magistrates Court in custody.

FIRST APPEARANCE

At the first appearance, it is important that a Solicitor represents you. If Police bail has not been granted, then your Solicitor can make a bail application on your behalf at Court. A Duty Solicitor is available in Court if you require legal assistance.

At Court, you will be identified. You will have to give your name, address and date of birth. The Court Clerk will enquire whether you are in a position to enter a plea to the charge. If you have not seen any of the prosecution papers you may ask for an adjournment. Your Solicitor will be able to advise you on this matter.

MAGISTRATES COURT OFFENCES

There are offences, which can only be tried in the Magistrates Court. These are called summary only offences e.g. Common Assault. If you enter a plea of not guilty then the Court may adjourn for a pre-trial review or fix a trial date. At the trial, you will have the opportunity to put your case and Prosecution witnesses can be cross-examined on your behalf. If you plead guilty, the Magistrates may sentence you on that day. They may adjourn the case for a pre-sentence report if the Court considers the offence to be serious. The Defendant is given credit for a guilty plea when sentenced.

OFFENCES TRIABLE EITHER WAY

There are also some offences, which can be tried in either both the Magistrates Court and Crown Court. These are called offences triable either way e.g. Actual Bodily Harm, Burglary. The Court will ask you to indicate a plea. If a not guilty plea is entered, the Prosecution will invite the Court to either accept jurisdiction i.e. to keep the case in the Magistrates Court, or decline jurisdiction and commit the matter to the Crown Court for trial. The Magistrates may be of the opinion that their sentencing powers are not sufficient and commit the case to the Crown Court. The maximum sentence a Magistrates Court can pass is twelve months imprisonment for two or more either way offences. Your Solicitor can make representations on your behalf. If the Magistrates decide that the case can proceed in the Magistrates Court, you have the choice to either proceed in that Court or elect to be tried by a Judge and Jury in the Crown Court. When matters are to proceed in the Crown Court, the case will be adjourned for a committal hearing. At the hearing, if your Solicitor considers that there is a case against you, the matter will be committed to a named Crown Court.

SENTENCING

When a guilty plea is entered, the Magistrates may sentence you, adjourn for a pre-sentence report, or commit you to the Crown Court for sentence.

CROWN COURT OFFENCES

There are offences, which are indictable only, offences that can only be tried in the Crown Court e.g. Robbery. The Court will commit you to the Crown Court for trial if charged with indictable only offences.

CONCLUSION

This is a basic guide to the procedures in the Magistrates Court. When charged with a criminal offence, it is advisable to consult a Solicitor.