A magistrates’ court is where certain types of offences, are tried and punished. In Magistrates’ Courts, juries are not present. Instead, a bench of three (sometimes two) magistrates or a single judge oversees the cases.
Magistrates Courts deal with three kinds of cases:
As mentioned above, summary offences are more minor offences that can attract up to 6 months in custody.
These are offences that could be heard in both the Magistrates and the Crown Court, such as theft or handling stolen goods. A Magistrate can decide that a case be heard in the Crown Court, and a defendant can choose a trial in the Crown Court, where they will be tried by a jury.
These include cases such as manslaughter, rape and robbery. The Magistrates will send these cases to the Crown Court but will decide whether to grant bail and will consider other legal issues such as reporting restrictions.
It is highly advisable that you are always represented if appearing before a court charged with a criminal offence. Even more minor offences, like driving offences, can greatly impact you. This is why having a criminal law solicitor in place, such as Grahame Stowe Bates, can ensure that your case is presented in the most efficient and impactful way possible.
Failure to appear in Court without a valid reason may lead to a warrant for your arrest being issued. The Police will then take you into custody and keep you in custody at the police station until the Magistrates can hear your case. Additionally, you may face additional criminal charges of failing to surrender to court that could lead to a fine or imprisonment.
The Magistrates’ court deals with less serious offences, their sentencing powers are limited, they can only impose a maximum of 12 months in custody.
During trials in the magistrates court, it is the magistrates who decide if the accused is guilty or innocent. On the other hand, the Crown court handles more serious matters and can give long sentences, including life imprisonment. Trials in the Crown court are more formal, presided over by a judge. The verdict is decided by a jury.
Magistrates’ court hearings in the UK can differ in duration, typically lasting between five to six hours. The length can be affected by factors like case complexity, number of witnesses, and the time taken for legal arguments and presentations. Some hearings may finish in a few hours, while others could go on for a whole day or more, depending on the situation.
