Magistrates' court (England and Wales)
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In
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, a magistrates' court is a
lower court A lower court or inferior court is a court from which an appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed ...
which hears matters relating to
summary offences A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offen ...
and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
of magistrates' courts and rules governing them are set out in the
Magistrates' Courts Act 1980 The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the pr ...
. All
criminal proceedings Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or i ...
start at a magistrates' court. Summary offences are lesser crimes (for example,
public order offence In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
s and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months imprisonment, and/or an unlimited fine. Indictable only offences, on the other hand, are serious crimes (e.g. rape, murder); if it is found at the initial hearing of the magistrates' court that there is a case to answer, they are committed to the
Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
, which has a much wider range of sentencing power. Either-way offences are matters that can be dealt with either in the magistrates' court or in the Crown Court. Defendants have the option to elect for their case to be heard in the Crown Court, however magistrates also have the right to send the case to the Crown Court if at any time they consider that their sentencing powers are likely to be insufficient. In the magistrates' court, cases are usually heard by a ''bench'' of three (or occasionally two)
justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
, or by a district judge (magistrates' court). Criminal cases are usually, although not exclusively, investigated by the police and then prosecuted at the court by the
Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal advi ...
. Defendants may hire a
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
or
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
to represent them, often paid for by
legal aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
. There are
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
s in other common-law jurisdictions.


History

The current magistrates' courts are a continuation of the system of courts of
petty session Courts of petty session, established from around the 1730s, were local courts consisting of magistrates, held for each petty sessional division (usually based on the county divisions known as hundreds) in England, Wales, and Ireland. The sessio ...
. Magistrates also previously presided in
quarter session The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
s, but the abolition of these in 1972 removed the need for the distinction. In London the
Middlesex Justices Act 1792 Middlesex (; abbreviation: Middx) is a historic county in southeast England. Its area is almost entirely within the wider urbanised area of London and mostly within the ceremonial county of Greater London, with small sections in neighbouring ...
created a separate system of courts presided over by magistrates, staffed with constables – based on the
Bow Street Runners The Bow Street Runners were the law enforcement officers of the Bow Street Magistrates' Court in the City of Westminster. They have been called London's first professional police force. The force originally numbered six men and was founded in ...
. These became known as police courts.


Jurisdiction and sentencing powers

In criminal matters, magistrates' courts (formerly known as a police courts in London, and
petty session Courts of petty session, established from around the 1730s, were local courts consisting of magistrates, held for each petty sessional division (usually based on the county divisions known as hundreds) in England, Wales, and Ireland. The sessio ...
s elsewhere) in England and Wales have been organised to deal with minor offences in a speedy manner. All criminal cases start in the magistrates' court and over 95 per cent of them will end there – only the most serious offences go to Crown Court. ''Summary offences'' are the least serious criminal offences. They include driving offences, vandalism, criminal damage of low value, low-level violent offences and being drunk and disorderly. This kind of "lesser" criminality will be dealt with in summary proceedings at a magistrates' court, where the defendant is tried, and if convicted is sentenced by,
justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
or a district judge (magistrates' court). No formal indictment is necessary. The maximum sentencing powers of magistrates' courts are 12 months imprisonment and/or an unlimited fine. Some driving offences are punished by endorsement ( licence points) and/or disqualification from driving for a period of time. There are four types of sentence available to the magistrates – a discharge (either conditional or absolute); a financial penalty; a community order, which must include at least one of twelve possible conditions (such as supervision, unpaid work, curfew, treatment programmes for issues such as domestic violence or sexual offending, drug and alcohol rehabilitation, etc.); or custody (either immediately or as a suspended sentence). The majority of sentences are non-custodial. For either-way offences, if the magistrates feel that their powers of sentencing are insufficient, they can send the case to the Crown Court, who can impose a more severe sentence. Often the point is to achieve restorative justice (compensation of victims of crime) and reformation of the offenders. These alternative punishments are called community sentences. A community sentence would usually consist of "community payback", a duty to work between 40 and 300 hours unpaid in the community. This is often complemented by some kind of programme or treatment, offering a helping hand to offenders, and engaging them at the same time – ending a drug habit, coping with a mental illness, skills and qualifications for work, and more. Also, the judge (or magistrate) may issue
orders Order, ORDER or Orders may refer to: * Categorization, the process in which ideas and objects are recognized, differentiated, and understood * Heterarchy, a system of organization wherein the elements have the potential to be ranked a number of d ...
with rules such as curfew, restraining orders (cannot go near their victim, for example) and many others. During serving of community sentences, similarly to suspended sentence, offenders usually will be supervised by a
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
officer. Either way offences can be dealt with either by the magistrates' court or in the Crown Court. There will be a hearing to decide on venue, where there will be an outline of the case from both prosecution and defence. The guideline is whether, taking the prosecution case at its most serious, the court believes that a magistrates' court has sufficient powers of sentence. If so, the case will be accepted, and a date will be held for a subsequent hearing in a magistrates' court – otherwise the case will be sent to the Crown Court, as with Indictable offences below. Indictable only offences are very serious crimes and must be sent to the Crown Court. For all cases, including indictable ones, the magistrates will have to decide, however, if the defendant is to be released on bail or remanded into custody. In law in England and Wales, unconditional bail is automatically granted unless the court believes there is a chance the defendant will either abscond, reoffend during the bail period, or interfere with witnesses or the case in general. Juvenile justice deals with criminal offences by young people, who have reached the age of criminal liability (ten years old), but are not yet adults (have not reached 18). These cases are heard by specially trained magistrates sitting in a
youth court A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal s ...
. They have the power to impose a sentence of
youth detention In criminal justice systems, a youth detention center, known as a juvenile detention center (JDC),Stahl, Dean, Karen Kerchelich, and Ralph De Sola. ''Abbreviations Dictionary''. CRC Press, 20011202. Retrieved 23 August 2010. , . juvenile de ...
known as a detention and training order (DTO) for a period of up to two years. Some civil matters, including non-payment of council tax, are heard by magistrates. Family proceedings may be held before specially trained magistrates in
family proceedings court {{CourtsEnglandWales In England and Wales, family proceedings court was the name given to a magistrates' court when members of the court's family panel sat to hear a family case. It was a court of first instance in England and Wales that deal ...
s within magistrates' courts.


Judges and other roles

Modern magistrates' courts are based on a centuries-old office of the
justice of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
, so named for their responsibility for guarding the Queen's or King's peace.


Magistrates

Justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
(JPs), more commonly referred to as
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
s ,are trained volunteers appointed from the local community; the nature of their role means that it is not necessary for them to be legally qualified, but they do have the assistance of a legally-qualified adviser in court. JPs require intelligence, common sense, integrity, and the capacity to act fairly. They are selected by a local advisory committee and only recommended to the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
for appointment if they can demonstrate the six key qualities required of a judicial office holder, these are: (a) good character, (b) commitment and reliability, (c) social awareness, (d) sound judgement, (e) understanding and communication and (f) maturity and sound temperament. Membership is widely spread throughout the area covered and drawn from all walks of life. Police officers, traffic wardens, as well as their close relatives will not be appointed, nor will those convicted of certain criminal offences including recent minor offences. All new justices of the peace undergo comprehensive training before sitting. There is a mentoring program to help guide new appointees (mentors are magistrates with at least three years' service). The training, delivered by the
Judicial College The Judicial College, formerly the Judicial Studies Board (JSB), established in 1979, is the organisation responsible for training judges in county, the Crown, and higher courts in England and Wales and tribunals judges in England & Wales, Scotla ...
, covers the necessary law and procedure required for their role. They continue to receive training throughout their judicial career, and are appraised every four years (every two years for a Presiding Justice) to check that they continue to remain competent in their role. Additional training is given to justices choosing to sit in the Youth Court or those dealing with family matters. New JP's sit with mentors on at least six occasions during their first eighteen months. Justices of the peace are unpaid appointees, but they may receive allowances to cover traveling expenses, subsistence, and loss of earnings for those not paid by their employer while sitting as a magistrate, up to £116.78 a day. A justice of the peace may sit at any magistrates' court in England and Wales, but in practice, they are appointed to their local bench (a colloquial and legal term for the local court). Justices of the peace will normally sit as a panel of three, with two as a minimum in most cases, except those cases dealt with under the "Single Justice Procedure". Many are members of the
Magistrates' Association The Magistrates' Association is the membership organisation for magistrates in England and Wales. By virtue of its education and training functions it is a charitable organisation and is funded by its members to promote the magistracy. History ...
, which provides advice, training and represents magistrates. The lead magistrate, known as the Presiding Justice (PJ), should be addressed in court as "sir" or "ma'am" or "your worship", and the magistrates collectively as "your worships". In writing, they are referred to as "John Smith, JP" (for justice of the peace). The other magistrates are known as "wingers". All three magistrates contribute equally to the decision-making, and carry equal authority, but the Presiding Justice will speak on their behalf in open court. The magistracy is an ancient institution, dating in England from at least 1327. The role is underpinned by the principles of 'local justice' and 'justice by one's peers'.


District judge

District judges (magistrates' courts), formerly known as stipendiary magistrates, are paid judges, employed by the Ministry of Justice. They sit alone and have the same authority as a fully-constituted bench of magistrates. District Judges will often hear cases where there is complex legal argument and where a ruling may be required regarding the law. A minimum of five years legal experience is required for those seeking appointment. They are distinct from the County Court district judges. District judges (MC) are referred to as "District Judge" or "DJ" in court, addressed customarily "Sir" or "Madam" and addressed in correspondence with, for example, "District Judge (Magistrates' Courts) Tuff". The senior district judge is responsible for leadership of the 300 district judges sitting in magistrates' courts in England and Wales. The senior district judge holds the title Chief Magistrate, but has no responsibility for justices of the peace. The Chief Magistrate is also responsible for hearing the most sensitive or complex cases.


Legal adviser

Magistrates are assisted in court by a legal adviser who is a qualified solicitor or barrister who will ensure that the court is properly directed regarding the law. They will see that the court's business is dealt with efficiently, and will keep a full and accurate record of the proceedings.


Prosecutor

The Crown Prosecution Service (CPS) is an authority responsible for prosecuting cases (traditionally, in the name of the queen or the king), once the
police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
have completed their investigation. A relative novelty in English criminal proceedings, the CPS was established by the
Prosecution of Offences Act 1985 The Prosecution of Offences Act 1985 (c. 23) was an Act of Parliament in the United Kingdom. Its main effects were to establish the Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conductin ...
. Since its creation in 1986, it is the principal, though not the only, body that can bring a case to a criminal court in England and Wales. A minority of cases are prosecuted by other law enforcement agencies, such as
English local authorities Local government in England broadly consists of three layers: regional authorities, local authorities and parish councils. Legislation concerning English local government is passed by Parliament, as England does not have a devolved parliament. Th ...
, Welsh local authorities, the
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or the
Health and Safety Executive The Health and Safety Executive (HSE) is a UK government agency responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare, and for research into occupational risks in Great Britain. It is a non-depar ...
, or private prosecutors such as the
RSPCA The Royal Society for the Prevention of Cruelty to Animals (RSPCA) is a charity operating in England and Wales that promotes animal welfare. The RSPCA is funded primarily by voluntary donations. Founded in 1824, it is the oldest and largest a ...
or the BBC in its capacity as the TV licensing authority. Private individuals are also entitled to bring a private prosecution – this happens most commonly where an individual is an alleged victim of common assault and the authorities have declined to prosecute.012 012 may refer to: * Tyrrell 012, a Formula One racing car * The dialing code for Pretoria Pretoria () is South Africa's administrative capital, serving as the seat of the executive branch of government, and as the host to all foreign embassie ...
UKSC 52"> Private prosecutors can either represent themselves, or they may instruct a
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
or
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
to represent them. The CPS retains a power to take over a private prosecution, under section 6(2) of the Prosecution of Offences Act 1985, either to continue or discontinue it. It is, however, CPS policy to exercise this power only if the prosecution should be stopped because it does not meet the requirements of the Code for Crown Prosecutors, or there are important reasons why the prosecution should be pursued by the CPS.


Defence

Defendants may choose to represent themselves, and usually do so in minor cases such as road traffic offences. However, defendants may be represented by a solicitor or a barrister. In most magistrates' courts there will be a
duty solicitor A duty solicitor, duty counsel, or duty lawyer, is a solicitor whose services are available to a person either suspected of, or charged with, a criminal offence free of charge, if that person does not have access to a solicitor of their own and us ...
available to advise and possibly to represent any defendant who does not have their own solicitor.


Proceedings

Proceedings in magistrates' courts are oral and open to the public – exceptions exist for the protection of victims (e.g. rape cases) and in youth courts.


Bail, remand, summons

When defendants first appear before a magistrates' court, they will do so in one of three circumstances. They will either appear on
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...
having been charged with an offence and compelled to attend court under penalty; in response to a summons or requisition, which requires attendance but does not, in the first instance, carry any penalty for non-attendance; or in custody, having been refused bail by the police. Defendants on bail must first surrender to the custody of the court. Whichever the circumstance, the first requirement is for defendants to identify themselves to the court. Once the court is satisfied as to the identity, it must consider the charges.


Summary proceedings

If the charge is a
summary offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offenc ...
, the court will generally expect a plea to be taken. If the plea is one of "not guilty", the court will fix a date for trial, taking into account the number and availability of the witnesses. In the event of a plea of guilty, the court will hear the facts of the case from the prosecution and mitigation from the defence, then consider sentence. For the most minor offences where the appropriate sentence is a fine or discharge, this will usually follow immediately after a plea of guilty. However, where the offence is more serious and may justify a community-based penalty or imprisonment, the case will usually be adjourned for the
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
service to interview the defendant and prepare a pre-sentence report in which a recommendation as to the most appropriate sentence will be made. When the defendant returns to court for sentence, the bench will consider the report along with any mitigation put forward by the defendant before passing sentence. On each occasion that a defendant appears before the court, the issue of bail must be addressed. Defendants may be released on bail, which is an order of the court compelling a defendant's future attendance, which may have conditions attached to it where such conditions are considered necessary either to ensure the defendant's future attendance, prevent the commission of further offences, or prevent the obstruction of justice. If the court decides that no conditions exist which could achieve these objectives, the court may remand the defendant in custody until the next hearing.


Either-way offences

When an either-way offence is to be tried at the Crown Court, magistrates are responsible for committal to the Crown Court (a task in former times dealt with by a grand jury), which requires the court to consider whether there is a case to answer based upon statements and exhibits submitted to the court. If the charge is an either-way offence, the "allocation" procedure is carried out. In this procedure, defendants must indicate what plea to the charge would be. If the defendant indicates a plea of "not guilty", or declines to indicate a plea, the court hears an outline of the facts from the prosecution and representations from the defendant or his representative, and then determines whether the case is suitable for summary trial or not. The court will decline jurisdiction to try the case if it decides that the sentencing powers of the magistrates' court are likely to be inadequate to deal with the case.


Committal and indictment

The grand jury system, which still exists in the United States, has been abolished in England and Wales. Instead, magistrates now perform the grand jury's functions of indicting those accused of offences which need to be tried by a
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
and sending them to the Crown Court for trial. In the case of offences which are indictable only, no plea is taken and the case is sent forthwith to the Crown Court. When dealing with either-way offences, and after the defendant has indicated a plea, it is the role of the bench to decide whether the case is suitable for summary trial or whether to decline jurisdiction and send the case to the Crown Court – what is called the allocation decision. The court must have regard to both its sentencing powers and also any legal, procedural and factual complexity which may make the case unsuitable for summary trial. If the court finds the case suitable for summary trial then the defendant is asked whether he consents to trial or whether he will elect for trial in the Crown Court. If the court decides the case is not suitable for summary trial then it will send the case forthwith to the Crown Court.


Challenges to decisions of magistrates' courts

There are four mechanisms under which a decision of a magistrates' court may be challenged: * reconsideration by the same magistrates' court;Magistrates' Courts Act 1980, . * appeal to the Crown Court;Magistrates' Courts Act 1980, . * appeal to the High Court ( Queen's Bench Division) by way of
case stated In law, a case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of law. There are two kinds: consultative case stated and appeal by way of case stated. A consultative case stated is made at the ...
; and *
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
in the High Court (Administrative Division).


Reconsideration by the same magistrates' court

If the defendant thinks that the decision was wrong they can ask the court to reconsider the sentence or conviction. This may be because the defendant thinks that there was a serious error in law, or that the court did not follow the right steps. If a defendant did not know about their case before a decision was made then they can make a statutory declaration before the magistrates' court. If accepted, the magistrates may agree to start the proceedings again and
set aside Set-aside was an incentive scheme introduced by the European Economic Community (EEC) in 1988 (Regulation (EEC) 1272/88), to (i) help reduce the large and costly surpluses produced in Europe under the guaranteed price system of the Common Agricul ...
the original judgement. If a defendant disagrees with the decision made by the Magistrates' court then they would need to appeal to the Crown Court.


Appeal to the Crown Court

The procedure for appeals to the Crown Court is governed by the Criminal Procedure Rules (CrimPR) Part 34. A defendant can appeal to the Crown Court against conviction or sentence. If the appeal is against conviction then the hearing is de novo, that is, it is a complete rehearing of the original trial. The
Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
panel will normally consist of a
Judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
(either a Judge of the High Court, a Circuit Judge, a
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or a qualifying
judge advocate Judge-advocates are military lawyers serving in different capacities in the military justice systems of different jurisdictions. Australia The Australian Army Legal Corps (AALC) consists of Regular and Reserve commissioned officers that prov ...
), and a minimum of two Justices of the Peace (Magistrates), none of whom must have been previously involved in the decision under appeal. The Judge will preside over the proceedings and direct the Court as to the relevant law, but all panel members have an equal say regarding the final decision or verdict. If the panel cannot all agree on the verdict and/or sentence, then a majority decision prevails.


Appeal to the High Court by way of case stated

If the defendant or the prosecution believe that the magistrates' or District Judge (Magistrates' Court), or the
Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
on appeal, made an error in law, then they can appeal to the High Court by case stated. This is governed by the Criminal Procedure Rules (CrimPR) Part 35. The magistrates' court or the Crown Court will be asked to state a case to the High Court, ie. they will be asked to provide a written summary of the case which can then be challenged by the aggrieved party. Upon considering the matter, the High Court may reverse, affirm, or amend the determination in respect of the case that has been stated. It may also remit the matter back to the magistrates' court or the Crown Court with advice to be considered.


Judicial review in the High Court (Administrative division)

Judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
may be considered if a party believes that a court has acted in excess of its jurisdiction, that there has been a breach of natural justice, or if a decision or reasoning is ''Wednesbury unreasonable,'' ie. it is irrational. Other circumstances may also apply, but typically in a judicial review a challenge is being made to the lawfulness of a decision or action made by a public body.


See also

*
List of courts in England and Wales This is a list of courts in England and Wales. For information about the different types of court see Courts of England and Wales. Civil courts The highest appellate court is the Supreme Court of the United Kingdom, followed by the Court of Ap ...
*
Local justice area Local justice areas are units in England and Wales established by the Courts Act 2003, replacing and directly based on the previous petty sessional divisions. They have been in existence since 2005. Local justice areas are used to determine which ...
*
Petty session Courts of petty session, established from around the 1730s, were local courts consisting of magistrates, held for each petty sessional division (usually based on the county divisions known as hundreds) in England, Wales, and Ireland. The sessio ...
**
Petty sessional division A petty sessional division was, in England and Wales, the area that a magistrates' court had jurisdiction over (before the abolition of quarter sessions, specifically the petty sessions). Petty sessional divisions were gradually consolidated in ...
*
Family proceedings court {{CourtsEnglandWales In England and Wales, family proceedings court was the name given to a magistrates' court when members of the court's family panel sat to hear a family case. It was a court of first instance in England and Wales that deal ...
*
Bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
, a trial where a judge or a bench of magistrates makes decisions based on evidence presented to the court.


References


External links

{{EB1911 Poster, Police Courts
Become a magistrate (gov.uk)
sv:Fredsdomare#England och Wales