Powers of magistrates’ courts

Magistrates’ courts have considerable power. In relation to criminal law, they are empowered to try summary cases, that is, cases which are triable without a jury. Additionally, with the agreement of the accused, they may deal with triable either way cases, that is, cases which can either be tried summarily by the magistrates or on indictment before a jury in the Crown Court.

            The maximum sentence that magistrates can normally impose is a £5,000 fine and/or a six month prison sentence. The sentencing powers of magistrates were increased by the CJA 2003. Section 154 enables them to impose a custodial sentence of up to 12 months for any one offence, and s 155 allows for a custodial sentence of up to 65 weeks for two or more offences. The maximum sentences for many summary offences, however, are much less than these limits. Where a defendant is convicted of two or more offences at the same hearing, consecutive sentences amounting to more than six months are not permitted, although this can rise to 12 months in cases involving offences triable either way. If the magistrates feel that their sentencing powers are insufficient to deal with the defendant, then the offender may be sent to the Crown Court for sentencing.

            Magistrates can impose alternative sentences, such as community service orders or probation orders. They can also discharge offenders either conditionally or absolutely. In addition, they can issue compensation orders. Such orders are used not as a means of punishing the offender, but as a way of compensating the victims of the offenderwithout them having to sue the offender in the civil courts. The maximum payment under any such order is £5,000.

            Where magistrates decide that an offence triable either way should be tried in theCrown Court, they hold committal proceedings. These proceedings are also held where the defendant has been charged with an indictable offence. Acting in this way, the justices become examining magistrates. The object of these proceedings is to determine whether there is a prima facie case against the defendant. If the justices decide that there is a prima facie case, they must commit the defendant to a Crown Court for trial; if not, they must discharge him. Section 44 of the Criminal Procedure and Investigations Act 1996 repeals s 44 of the Criminal Justice and Public Order Act 1994 and, in effect, introduces a new, streamlined version of committal proceedings, in which no oral evidence can be given. The new system of committals is governed by s 47 and Sched 1 to the CPIA 1996. The effect of this law is to abolish the old style mini-trial committals and the right of the defendant to have witnesses called and cross-examined at the magistrates’ court. Now, defendants may only use written evidence at committal stage.

            Magistrates sit in youth courts to try children and young persons. A child is someone who has not reached his 14th birthday and young people are taken to be below the age of 18. These tribunals are not open to the public and sit separately from the ordinary magistrates’ court in order to protect the young defendants  frompublicity