Episode 4 - The Magistrates’ Court, the Crown Court, the Judges

Feb 21 2024 • 54 mins

In Episode 4 we follow the defendants Aidan, Bianca and Conor - now charged with murder - to the magistrates’ court for their first court appearance.

Introducing the magistrates’ court and the Crown Court, what types (or classifications) of offences do they deal with? What is a summary offence, an either-way offence and an indictable-only offence?

Who are the judges in the magistrates’ court and Crown Court? Introducing magistrates, District Judges, Recorders, Circuit Judges and High Court Judges.

Do all cases start in the magistrates and, if so, why? When can a defendant elect trial by jury, and when can a defendant be compelled to go to the Crown Court for trial or sentence?

What are courts’ sentencing powers and how do they decide what sentence is likely to be passed?

And how does the magistrates’ court deal with defendants charged with murder? Aidan, Bianca and Conor are about to find out.

We introduce the first procedural steps towards Crown Court trial, the provision of information about the prosecution case and the early requirements to provide defendants with unused material, i.e. information favourable to the defence and inimical to the prosecution.

In Episode 4 we take another step closer to trial.

Thank you for listening and I hope you enjoy this episode.

Throughout this podcast I have referred to legislation, cases and relevant guidance. Please refer to the links in the notes below to access this information yourself.

PODCAST NOTES

Justices’ Legal Adviser -

Criminal Procedure Rule 2.12 - Role of Justices’ Legal Adviser https://www.legislation.gov.uk/uksi/2020/759/rule/2.12

CRIMINAL PRACTICE DIRECTIONS 2015 VI - Role of Justices’ Legal Adviser https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/924047/crim-practice-directions-VI-trial-2015.pdf

Judges -

What do I call a judge? Judiciary.uk https://www.judiciary.uk/guidance-and-resources/what-do-i-call-a-judge

Individual Offences -

s.22A of the Magistrates’ Courts Act 1980 - Low value shoplifting can be tried before a jury https://www.legislation.gov.uk/ukpga/1980/43/section/22A

s.187 Online Safety Act 2023 - new offence created in s.66A Sexual Offences Act 2003 of Sending etc photograph or film of genitals https://www.legislation.gov.uk/ukpga/2023/50/section/187/enacted

Allocation -

s.17A of the Magistrates’ Courts Act 1980 - ‘Plea before Venue’ procedure https://www.legislation.gov.uk/ukpga/1980/43/section/17A

s.18 Magistrates’ Courts Act 1980 - Allocation (‘mode of trial’) Hearing https://www.legislation.gov.uk/ukpga/1980/43/section/18

Allocation Guideline - Determining whether cases should be dealt with by a magistrates’ court or the Crown Court https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/allocation/

Sentencing Guidelines -

Sentencing Guidelines - Common Offences https://www.sentencingcouncil.org.uk/outlines/

s.14 Sentencing Act 2020 (the Sentencing Code) - Committal for Sentence https://www.legislation.gov.uk/ukpga/2020/17/section/14

GBH Sentencing Guideline https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/inflicting-grievous-bodily-harm-unlawful-wounding-racially-or-religiously-aggravated-gbh-unlawful-wounding/

Advance Disclosure of Prosecution Case -

Criminal Procedure Rules Part 8, rule 8.2(1)(a) - Advance Disclosure of Prosecution Case / Initial Details https://www.legislation.gov.uk/uksi/2020/759/rule/8.2/made

Criminal Procedure Rules Part 8, rule 8.3 - meaning and content of ‘Initial Details’
https://www.legislation.gov.uk/uksi/2020/759/rule/8.3/made

Prosecution Disclosure of Unused Material -
Attorney General’s Guidelines on Disclosure (For investigators, prosecutors and defence practitioners) - Common Law Duty of Disclosure (paragraphs 78 and 79)
https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure

Bail in Murder Cases -

s. 115 Coroners and Justice Act 2009 - Bail decisions in murder cases to be made by Crown Court judge https://www.legislation.gov.uk/ukpga/2009/25/section/115

Youth Justice -

Youth Court information from the Magistrates Association https://www.magistrates-association.org.uk/about-magistrates/jurisdictions/youth-court/

The Youth Court Bench Book - provides legal guidance for magistrates who sit in the youth court https://www.judiciary.uk/guidance-and-resources/youth-court-bench-book-and-pronouncement-cards/

Youth Defendants in the Crown Court Bench Book - contains comprehensive guidance about youths in the Crown Court. https://www.judiciary.uk/guidance-and-resources/youth-defendants-in-the-crown-court/

The Crown Court Compendium Part II: Sentencing (section S2.3 Remission to Youth Court; section S4 Disposals for Youths). https://www.judiciary.uk/guidance-and-resources/crown-court-compendium/

Equal Treatment Bench Book - Chapter 2 Children, Young People and Vulnerable Adults https://www.judiciary.uk/about-the-judiciary/diversity/equal-treatment-bench-book/

Sentencing Children and Young People (Sentencing Council overarching Sentencing Guideline) https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/sentencing-children-and-young-people/

Youth crime information from the Crown Prosecution Service (CPS) - https://www.cps.gov.uk/crime-info/youth-crime

Youth Court information from the Youth Justice Legal Centre - https://yjlc.uk/resources/legal-terms-z/youth-court

ADDITIONAL READING - DEFENCE-BARRISTER.CO.UK
For additional detailed reading on many aspects of what is covered throughout this series, please go to Defence-Barrister.co.uk https://www.defence-barrister.co.uk written by Chris Kessling, Criminal Barrister.

PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:

Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.

I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.

Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.

Thank you for your understanding.

CONTACT

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External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.