Criminal Jurisdiction of the Magistrates' Courts

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Introduction

  • Jurisdiction-legal right to hear the case
  • Try all summary cases (33% driving offences, assault and battery, 37% other)
  • Some triable-either way offences
  • FIrst Hearing of all indictable offences
  • Side matters e.g. issuing warrants, detention extentions and hearing bail applications if police refuse bail
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Youth Court

  • Branch of Mags Court
  • Mags have to be specially trained
  • Deals with young offenders-10-17 yrs
  • Children under 10 cannot be charged with a criminal offence (believe dont' truly know difference between right and wrong)
  • Murder, mandlaughter, **** and causing death by dangerous driving-offender can be tried in the Crown Court
  • Offenders over 14 can be tried in the Crown Court for a serious offences-max sentence at least 14 yrs
  • Sits in private
  • Press may attend but can't publish name of offender or identify in any other way eg School
  • Magistrates must be under 65
  • At least 1 female and 1 male
  • Less formal
  • Guadians of parent of under 16 MUST attend.
  • Court can ask for parents of 16 or 17 year olds to attend
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% of what Magistrates hear (2011)

Adult idictable/triable either way   24%

Youth Cases                                    6%

Adult Summary Motoring              33%

Adult Summary Non-Motoring      37%

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Family Court

  • Branch of Mags Court
  • Adoption orders
  • Proceedings concerning the welfare of children under the CHildren Act 1989
  • Order for protection against violence
  • Maintanance Orders
    • make an order to pay for the care of your children and/or your partnet
  • A FAMILY COURT DOES NOT GRANT DECREES OF DIVORCE
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**CIVIL JURISDICATION**

  • Enforcing council tax demands
  • Issuing warrants of entry and investigation to gas and electricity companies
  • Hearing appeals against the refusal of a licence to sell alcohol
  • Hear family cases including maintenance orders and orders for protections against violence
  • Hear proceedings under CHildren Act 1989
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