Law and Rights
Magistrates' Courts deal with the bulk of criminal cases brought to court in England and Wales. The judiciary in a magistrates' court comprises the Justices of the Peace (JPs or, as they are often referred to these days, "lay magistrates") and District Judges (Magistrates' Courts).
JPs will usually sit in benches of three and will be advised on law and procedure by a legal adviser. District Judges are legally qualified and may sit alone. In 2011, the Justices of the Peace celebrate their 650th Anniversary - see Justices of the Peace Act 1361.
The predecessor to the District Judge was the Stipendiary Magistrate. Appointments as "Stipes" tended to be few in number and they sat mainly at the larger city magistrates' courts. District judges have come into greater prominence since the Courts Act 2003 reformed the Magistrates' Court system. Some are seeing the District Judges as an eventual replacement for JPs.
Interestingly, the two types of judiciary in the magistrates' courts never (or rarely) appear to sit together to decide cases. Whilst each form of magistrates' court has its merits, it makes one wonder whether a "lay" bench could have been as outspoken as the District Judge in this case of a Police Superintendent caught speeding - Daily Mail 10th December. The Superintendent was told by the officer who stopped her that she would not be prosecuted. The CPS decided otherwise. The Judge was very critical of the action of the Police Force in the case. He is reported as saying - "
?In the year I have been in Nottingham I have been extremely alarmed by the amount of cases where officers took it upon themselves to issue cautions or deal with cases in the way this officer did.?
- The Magistrates' Courts ~ Some Reflections On A Snowy Morning
A post on the Of Interest to Lawyers blog looks at the proposals by Lord Justice Briggs for reform of the civil courts - All change please! All change. (Those proposals are currently out for consultation until the end of February 2016 - previous post). ...
- Reforming The Role Of Magistrates
This morning I draw attention to an article in Modern Law Review (November 2014) - Reforming the role of Magistrates: Implications for summary justice in England and Wales The article may be obtained (£) from the Wiley Online Library. The Library...
- A Jewel Beyond Price ... The Magistracy Of England And Wales ... No.2
Rochdale Magistrates Court In December 2010 Law and Lawyers looked at the magistracy of England and Wales which was described by the late Lord Bingham as a "democratic jewel beyond price." 25th January 2011 marked the 650th Anniversary of the Justices...
- A Jewel Beyond Price ... The Magistracy Of England And Wales
Kidderminster Magistrates Court2011 marks the 650th Anniversary of the Justices of the Peace Act 1361. The Office of Justice of the Peace may have originated earlier than 1361 since, as early as 1195, a proclamation was made requiring the...
- Youth Court Trial
Persons under age 18 are normally tried in the Youth Courts which are based in Magistrates' Courts throughout England and Wales. Magistrates have to be specifically authorised to sit in the youth court and the authorisation is achieved by undertaking...
Law and Rights
Magistrates' Courts
JPs will usually sit in benches of three and will be advised on law and procedure by a legal adviser. District Judges are legally qualified and may sit alone. In 2011, the Justices of the Peace celebrate their 650th Anniversary - see Justices of the Peace Act 1361.
The predecessor to the District Judge was the Stipendiary Magistrate. Appointments as "Stipes" tended to be few in number and they sat mainly at the larger city magistrates' courts. District judges have come into greater prominence since the Courts Act 2003 reformed the Magistrates' Court system. Some are seeing the District Judges as an eventual replacement for JPs.
Interestingly, the two types of judiciary in the magistrates' courts never (or rarely) appear to sit together to decide cases. Whilst each form of magistrates' court has its merits, it makes one wonder whether a "lay" bench could have been as outspoken as the District Judge in this case of a Police Superintendent caught speeding - Daily Mail 10th December. The Superintendent was told by the officer who stopped her that she would not be prosecuted. The CPS decided otherwise. The Judge was very critical of the action of the Police Force in the case. He is reported as saying - "
?In the year I have been in Nottingham I have been extremely alarmed by the amount of cases where officers took it upon themselves to issue cautions or deal with cases in the way this officer did.?
- The Magistrates' Courts ~ Some Reflections On A Snowy Morning
A post on the Of Interest to Lawyers blog looks at the proposals by Lord Justice Briggs for reform of the civil courts - All change please! All change. (Those proposals are currently out for consultation until the end of February 2016 - previous post). ...
- Reforming The Role Of Magistrates
This morning I draw attention to an article in Modern Law Review (November 2014) - Reforming the role of Magistrates: Implications for summary justice in England and Wales The article may be obtained (£) from the Wiley Online Library. The Library...
- A Jewel Beyond Price ... The Magistracy Of England And Wales ... No.2
Rochdale Magistrates Court In December 2010 Law and Lawyers looked at the magistracy of England and Wales which was described by the late Lord Bingham as a "democratic jewel beyond price." 25th January 2011 marked the 650th Anniversary of the Justices...
- A Jewel Beyond Price ... The Magistracy Of England And Wales
Kidderminster Magistrates Court2011 marks the 650th Anniversary of the Justices of the Peace Act 1361. The Office of Justice of the Peace may have originated earlier than 1361 since, as early as 1195, a proclamation was made requiring the...
- Youth Court Trial
Persons under age 18 are normally tried in the Youth Courts which are based in Magistrates' Courts throughout England and Wales. Magistrates have to be specifically authorised to sit in the youth court and the authorisation is achieved by undertaking...