|
In England and Wales, a magistrates' court is a lower court, where all the criminal proceedings start. Some civil matters are also decided here, notably family proceedings. They have been streamlined to swiftly deliver justice. In 2015, there are roughly 330 magistrates' courts in England and Wales,〔(Magistrates’ Court ) at judiciary.gov.uk〕 though the Government to close as many as 57.〔("Ninety one 'surplus' courts face closure" ), ''BBC News'', 16 July 2015〕 Summary offences are smaller crimes, that can be punished under the magistrates' court's limited sentencing powers – community sentences, fines, short custodial sentences. Indictable offences, on the other hand, are serious crimes (rape, murder); if an initial hearing at the magistrates' court finds there is a case to answer, they are committed to the Crown Court, which has a much wider range of sentencing power. Either-way offences will ultimately fall into one of the previous categories depending on how serious the particular crime in question is. Cases are heard by a ''bench'' of three (or occasionally two) lay judges, or by a paid District Judge (Magistrates' Court); there is no jury at a 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 defendant may hire a solicitor or barrister to represent them, often paid for by legal aid. There are magistrates' courts in other common-law jurisdictions. == Jurisdiction and sentencing powers == In criminal matters, magistrates’ courts (formerly known as a ''police courts'') in England and Wales have been organized to deal with minor offences in a speedy manner. All criminal cases start here and over 95 percent of them will end here too – only the most serious ones go to Crown Court. ''Summary offences'' are the least serious criminal offences. They include driving offences, vandalism, criminal damage of small extent, low level violent offences and being drunk and disorderly. This kind of small criminality will be dealt with in summary proceedings at a magistrates' court, and the defendant has no right to a jury trial and no formal indictment is necessary. Both verdict and sentence are solely in the hands of judges and magistrates. The sentencing powers of magistrates' courts are therefore limited. For one summary offence, they can inflict imprisonment of up to six months. When dealing with two or more separate either-way offences, the maximum total custodial sentence is 12 months. The maximum fine available is usually £5,000, though for certain specified offences maximum fines permitted to magistrates may be higher (for example, for fly tipping up to £50,000).〔(s. 33 ''Environmental Protection Act 1990'', s. 33 )〕 There is no maximum aggregate fine (in the case of two or more offences). Some driving offences are punished by 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 will be ''non-custodial sentences''. For either way offences, if the magistrates feel that their powers of sentencing are insufficient, they can send the case up to a judge at the Crown Court, who can impose more severe sentences. Often the point is to achieve ''restorative justice'' (compensation of victims of crime) and ''reformation'' of the offender. These alternative punishments are called ''community sentences''. A community sentence would usually consist of ''community payback'', a duty to work between 40 to 300 hours unpaid in the community. This is often complemented by some kind of ''programme or treatment'', offering a helping hand to the offender, and engaging him 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 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, usually the offender will be supervised by a probation 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, hearing 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. The maximum custodial sentence the magistrates can impose for an either-way offence is six months. However, if the offender is guilty of two or more either-way offences, the maximum aggregate sentence is twelve months. The maximum fine for an either-way offence is £5,000.00, and there is no maximum aggregate. ''Indictable offences'', very serious crimes, will be sent to the Crown Court. Before August 2013, this was a two part process of committal and then sending. 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, 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. They have the power to impose a sentence of youth detention known as a detention and training order (DTO) for a period of up to two years.〔"There is a statutory presumption that a person aged under 18 will be dealt with summarily, usually in a youth court; in such circumstances, the maximum custodial sentence will be a detention and training order of no more than 24 months. Such an order may be made only for the periods prescribed – 4, 6, 8, 10, 12, 18 or 24 months." Sentencing Council: ''(Overarching Principles – Sentencing Youths )'', para 11.1, November 2009〕 Some civil matters, namely family proceedings, are heard in front of specially trained magistrates in family proceedings courts within magistrates' courts. Other civil matters within magistrates' courts' jurisdiction include non-payment of council tax.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Magistrates' court (England and Wales)」の詳細全文を読む スポンサード リンク
|