Magistrates' duties Magistrate (England and Wales)

the layout of typical magistrates court

a magistrate deals criminal cases, although have civil jurisdiction , can choose specialise in family proceedings court. civil cases deal include issuing warrants of entry utility companies (gas, water , electricity), enforcing payment of council tax, appeals local authority licensing decisions regarding pubs , clubs. criminal cases start in magistrates’ courts, , 97 percent concluded there.

there 3 types of criminal offence:

summary offences – such motoring offences, less serious assaults , many public order offences, can dealt in magistrates courts. these offences, magistrates decide bail (in more serious cases), taking plea - guilty or not guilty - deciding verdict , passing sentence.
triable either-way offences - such theft, fraud, criminal damage (value of damage on £5,000), assault occasioning actual bodily harm, less serious sexual offences, dangerous driving. in these cases, magistrates decide venue (magistrates court or crown court) after hearing representations prosecution , defence. if decide on trial in magistrates court, defendant can still elect trial @ crown court. otherwise, magistrates have same powers summary offences - dealing bail, passing sentence, etc.
indictable-only offences - these serious cases such murder, rape , robbery, can dealt trial on indictment @ crown court. nevertheless, first hearing of such cases in magistrates court bench considers bail , sends case crown court.

single magistrates not hear cases on own, although have limited jurisdiction. sit 1 of bench of 3 magistrates, qualified legal adviser can advise them on matters of law , procedure.

youth & family proceedings courts

for young offenders aged between 10 , 17 years, there special arrangements. youth courts set apart adult courts , procedures adapted meet different needs of younger persons, example requiring attendance of parents , ensuring explained in appropriate language. members of public excluded youth , family proceedings courts and, although press may attend, there restrictions on can report. magistrates sitting on youth court members of youth panels meet regularly training , administrative purposes. youth magistrates receive specialist training in youth court, , mentored , appraised in role. youth court must include 1 male , 1 female member.

likewise, there special panel family proceedings court deal private , public family cases. these include applications non molestation orders, occupation orders, adoption orders, maintenance cases, , proceedings under children act 1989.

appeals

diagram showing place of magistrates courts in english legal system. arrows represent avenues of appeal

magistrates sit @ crown court hear appeals against verdict and/or sentence magistrates court. in these cases magistrates form panel judge. magistrate not allowed sit in crown court on hearing of appeal in matter on he/she adjudicated in magistrates court. there right of appeal magistrates decisions on points of law queen s bench divisional court.