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KembaraXtra – Legal Terms – Magistrates’ Court
A magistrates’ court is a lower court in England and Wales that handles the majority of criminal cases at their earliest stage. The court is usually made up of between two and seven lay magistrates or a single professional district judge exercising authority under the Magistrates’ Courts Act 1980.
Its main role is to hear criminal proceedings. Every criminal prosecution begins in a magistrates’ court, regardless of whether the offence is minor or serious. In cases involving indictable offences or offences triable either way, the court first considers whether sufficient evidence exists to send the accused to the Crown Court for trial.
For summary offences and offences dealt with summarily, the magistrates’ court acts as a trial court without a jury. Magistrates determine both factual and legal issues, usually with the assistance of a legally qualified clerk who advises them on procedural and legal matters.
In addition to criminal jurisdiction, magistrates’ courts also deal with certain civil and family matters, including debt claims, licensing, and matrimonial proceedings. Although the courts technically may sit on any day of the year, including holidays, weekend and holiday sittings are uncommon in practice.
A magistrates’ court is a lower court in England and Wales that handles the majority of criminal cases at their earliest stage. The court is usually made up of between two and seven lay magistrates or a single professional district judge exercising authority under the Magistrates’ Courts Act 1980.
Its main role is to hear criminal proceedings. Every criminal prosecution begins in a magistrates’ court, regardless of whether the offence is minor or serious. In cases involving indictable offences or offences triable either way, the court first considers whether sufficient evidence exists to send the accused to the Crown Court for trial.
For summary offences and offences dealt with summarily, the magistrates’ court acts as a trial court without a jury. Magistrates determine both factual and legal issues, usually with the assistance of a legally qualified clerk who advises them on procedural and legal matters.
In addition to criminal jurisdiction, magistrates’ courts also deal with certain civil and family matters, including debt claims, licensing, and matrimonial proceedings. Although the courts technically may sit on any day of the year, including holidays, weekend and holiday sittings are uncommon in practice.
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