Site last updated
November 2007

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Court Business

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Adult Court
The majority of court business involves people charged with less serious crimes (theft, public order offences and road traffic offences).

When a defendant pleads "Not Guilty" to a charge, Magistrates will hear details of the offence in the form of a trial and will decide whether the defendant is guilty or not. In most cases they will pass sentence, unless they feel that after hearing the evidence, their powers of sentence (currently, a maximum of 6 months custody or £5,000 fine) are insufficient. In this case they will pass the defendant to the Crown Court.
In certain “either way” cases, the defendant has the right to choose that the trial to be heard by a Judge and Jury at Crown Court.
In more serious cases the Magistrates’ Court acts as a filter through which these cases (e.g. robbery, rape and murder) have to pass in order to be dealt with by the Crown Court.

If a defendant pleads "Guilty" to a charge, magistrates will either pass sentence themselves, or send the case to the Crown Court if they believe that their sentencing powers are insufficient, having heard some of the details of the offence.

During the course of the processing of a case, magistrates also decide whether a defendant should be granted bail, with or without conditions, or remanded into custody.

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Youth Court
These specialist courts deal with cases involving children and young people between the ages of 10 and 17. The same range of cases is dealt with as in the adult court, but the range of sentences that the Youth Panel can impose are wider. The aim is to keep the young offender within his or her local community wherever possible and impose a sentence that will have the greatest chance of preventing a young person drifting into a life of crime. Magistrates receive specialist training for this work.

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Family Court
Another specialist court is the family proceedings court, which deals with applications where children are thought to be at risk and in need of care and protection. It also deals with private law cases such as arrangements for contact between children and parents where the parents are no longer living together. Again, Magistrates on the Family Panel receive specialist training for this work.

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Local Authority Appeals
Now that the granting of drinks licenses to pubs and restaurants (as well as for occasional licenses) has passed to the Local Authority, a specially trained group of magistrates now hears Appeals against Local Authority decisions.
Licenses for betting shops and casinos remains with the Magistrates’ Court for the time being, although this is likely to change in the near future.

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