Summary Proceedings

The Magistrate’s Court is presided over by a Resident Magistrate. It may be constituted by a Resident Magistrate or a lay Magistrate sitting out of Petty Sessions. Magistrate’s Court deals with summary offences or indictable offences which are dealt with summarily. The Magistrate’s Court also deals with the – with committal proceedings in a case prosecuted on indictment.

In the Magistrate’s Court, the clerks explain the details of the offence. If the offence is of a type which may be subject to an election for a  trial by jury, this is explained, and the defendant may elect accordingly. In some cases, it is the prosecution’s choice as to how the prosecution proceeds. If the accused elects for a summary trial, he will be asked whether he wishes to plead guilty or not guilty.

Certain offences which may only be tried summarily. A guilty plea may be entered. The matter can be heard in the accused’s presence If a custodial sentence is proposed, the accused should be present.

If the accused does not plead guilty, it is assumed the offence is not committed and the matter can proceed in his absence or a warrant may be issued for his arrest. The prosecution proceeds outline its case.

If the accused pleads guilty, the prosecution and the defendant or his representation, makes submissions in relation to sentencing, including previous convictions. The defence may make a plea in mitigation. The magistrate then passes sentence.

If the defendant pleads not guilty, the prosecution outlines its case and calls witnesses. The case may be adjourned if the defendant is not present. Alternatively, it may be heard in his absence.

Witnesses give their evidence on behalf of the prosecution and defendant respectively. The other side cross-examines the witness concerned. The defendant may apply at conclusion of the prosecution’s case on the basis that there is no case to answer because the evidence that is offered does not constitute the offence. If the Resident Magistrate accepts the application, the defendant may go free. This is not equivalent to acquittal, and he may be re-prosecuted.

If the application is rejected, the defendant may give evidence until witnesses who are in turn prosecuted by the – cross-examined by the prosecutions representative.

Generally, it is not possible to give evidence of the accused’s bad character or previous criminal record prior to the finding of guilt. There are exceptions.

Children’s evidence (persons under 17) may be permitted to give evidence by video link or video recorded examination or cross-examination or examination to an intermediary. A court must make a  direction and be satisfied that this would improve the quality of evidence. In the case of certain younger witnesses, a special measures direction is generally required. Children shall generally give evidence by means of a live link.

The consent of the other side parties may submit written statements. The maker of the statement can be called on to give oral evidence. At the conclusion of evidence, the defendant may make an address putting put his case and argument.

Sentencing may take place immediately at the conclusion of the hearing or at a later date. The pleas of the defendant and submissions of the prosecution are considered.

Where an offence is serious enough to constitute imprisonment, the court must generally obtain a pre-sentence report unless this is not necessary, in which case the reasons must be stated.

Sentencing may be deferred up to six months to consider circumstances arising after convictions. This procedure is appropriate where, with the convicted person’s consent, the court is satisfied that it would be in the interest of justice to do so.

The maximum sentences in the Magistrate’s Court will be dictated by the relevant statutes. Generally, the maximum fine is £5000 or six months in – or if the offence is indictable, tried summarily, maximum prison sentence is 12, but it may be extended to 18 months in the case of consecutive terms of imprisonment.

A custody probation order may be made where the court is of the view that a sentence of more than 12 months should be imposed and requires a person to serve a shorter sentence and on release be supervised by a probation officer for between one and three years.

Prison sentences may be suspended so that if the person commits an imprisonable offence within the relevant period, the sentence may be activated.

The most common punishment is a fine. There are five scales of fines ranging from £200 for level 1 up to £5000 maximum per level fines.

Community sentences involve sentences by way of probation orders, community service orders, supervision orders, and attendance centers order. Such orders require a person to be under the supervision of the probation officer for a specified period. Community service orders may require unpaid work between 40 and 100 hours that a combination of orders may be made.

A compensation order may be made against a convicted person in addition to any other sentence. It may require payment of compensation for personal injury or loss resulting from an offence for which the person is convicted. The maximum order is £5000.

The part of sums awarded may be deducted from any major compensation or is for compensation in the several courts.

Property audit used in relation to crime may be forfeited. In the case of stolen property, it may be ordered to return to the true owners.

Fines and other criminal court orders are enforced by way of a warrant of distress or warrant of committal to prison. The former involves seizure of property in satisfaction of the fine. A person may be imprisoned for failure to pay a fine. There is a scale of maximum imprisonment related to the level of unpaid fine.

Magistrate’s Court may make an absolute or conditional charge – discharge. This is equivalent to a probation order. The conditional discharge means the person is released from punishment but may be sentenced if he commits an offence during the period concerned. An absolute discharge carries no punishment but the person is technically a convict.

If a person is convicted of an offence, they may appeal within 14 days. Notice of appeal must be given to the prosecution and lodged with the court. Appeal may be against conviction and sentence or sentence only.

The appeal is made to the County Court. The County Court judge for the area of which the Magistrate’s Court is situated which hears the case. In the case of a conviction, appeal against conviction, there is a complete rehearing. The County Court judge may affirm the original decision or reverse it. A greater or lesser sentence may be handed out. An appeal against sentence only is possible.

It is possible to appeal to the Court of Appeal on a point of law. Procedure is by way of case stated. The Resident Magistrate is requested by one of the parties to pose a question for the opinion of the Court of Appeals. The Court of Appeals answers the question, and the matter is admitted to the Magistrate’s Court.

The prosecution has a restricted right of appeal but generally if a person’s acquitted in the Magistrate’s Court, the prosecution may not appeal. It may appeal to the Court of Appeal on a point of law by way of case stated. In this case, the appeal is only against acquittal and not sentence.