Understanding the magistrates' court

The Magistrates' Court will hear most of the criminal cases in England and Wales. One of the fundamental aspects of the Magistrates' Court is that three judges or magistrates will oversee all court proceedings. These judges are called Justices of the Peace. The three judges themselves are called the Bench and direct all aspects of the court hearing.

There are roughly 30,000 magistrates currently working in the courts. They are not paid, but they can claim expenses and loss of earnings when attending court, as the court proceedings they oversee are in addition to their normal employment.

In addition to magistrates, 130 District Judges also work in the court system. They are more highly qualified than magistrates and usually sit on the Bench alone and handle more complex cases, such as fraud, when a court hearing of this type is required. During court proceedings, magistrates can hand down sentences of no more than six months and fines of no more than £5,000. They can, however, refer a case to the Crown Court if during the court proceedings they feel that the case has moved beyond their skills, knowledge and powers. Not all court hearings will go to the Crown Court for consideration.

The Magistrates' Court carries out a number of duties that includes:

• Hearing cases of people that have not paid their council tax bills
• Granting betting, gambling and alcohol licenses
• Hearing cases that deal with families and children
• General family law matters

During the court procedure the defendant will be asked to make a plea. This is for what are called summary offenses. These are petty crimes that do not need a jury to decide if the defendant is guilty or innocent. After the plea the magistrate will decide how to proceed. This will either be to set a future date to hear the case, or if the offence is indictable (the defendant has the right to trial by jury), the magistrate will refer the case to the Crown Court, as this is normal court procedure.

It is usual for defendants that come before a Magistrates' Court to be on bail or in police custody. Defendants will have a duty solicitor available to them, but it is advisable for more serious cases that the defendant has their own solicitor present. It is a good idea to use local solicitors, as they will be more familiar with the magistrates and the court processes.

If you would like to obtain legal advice on how the Magistrates' Court works and specific help with your case, Contact Law can put you in touch with local solicitors free of charge. So, if you have any questions or would like our help in finding local solicitors please call us on 0800 1777 162 or complete the web-form above.

Last Updated on 23/03/2010