MAGISTRATES' COURTS

How important are the Magistrates' Courts in England and Wales?

How important are the Magistrates' Courts in England and Wales?

Introduction

The Crown Court is a criminal court of both original and appellate jurisdiction. (Rock 1993, 9) It was established by the Courts Act of 1971. It replaced the Assizes whereby High Court judges would periodically travel around the country hearing cases, and Quarter Sessions which were periodic county courts. The Old Bailey is the unofficial name of London's most famous Criminal Court, which is now part of the Crown Court.

Its official name is the "Central Criminal Court". The Crown Court also hears appeals from Magistrates' Courts. (Baldwin 1997, 93-98) The Crown Court is only a superior court in connection with its jurisdiction to hear trials on indictment. In other cases, such as when hearing an appeal from a Magistrates' Court or exercising a first instance civil jurisdiction, it is an inferior court and may be subject to judicial review.

Magistrates' Courts are presided over by a bench of lay magistrates (or justices of the peace), or a legally-trained district judge (formerly known as a stipendiary magistrate), sitting in each local justice area. There are no juries. They hear minor criminal cases, as well as certain licensing applications. Youth courts are run on similar lines to Adult magistrates' courts but deal with offenders aged between the ages of 10 and 17 inclusive. Youth courts are presided over by a specially trained subset of experienced Adult Magistrates or a District Judge. Youth Magistrates have a wider catalogue of disposals available to them for dealing with young offenders and often hear more serious cases against youths (which for adults would normally be dealt with by the Crown Court). (Rock 1993, 9-16) Youth courts are not open to the public for observation, only the parties involved in a case being admitted. County courts hear minor civil cases, and are generally presided over by district or circuit judges.

Advantages and Disadvantages

From the Magistrates' Court, an appeal can be taken to the Crown Court on matters of fact and law or, on matters of law alone, to the Divisional Court of Queen's Bench Division of the High Court, which is called an appeal "by way of case stated". The Magistrates' Court is also an inferior court and is therefore subject to judicial review. The Crown Court is more complicated. When it is hearing a trial on indictment (a jury ...