magistrate court

[bednobs]

hi, if you plkead not guilty in a magistrate court, is it just the three judges who decide whether you are guilty or not? who do they listen to evidence from? Is the burden of proof the same?

[bednobs]

sorry i meant 3 magistrates, not judges

[New Judge]

Yes it is.

The trial is held in exactly the same way as one held in a Crown Court. Evidence is heard from prosecution witnesses and defence witnesses in the same way. As in the Crown Court, the burden of proof rests with the prosecution to convince the Magistrates “beyond reasonable doubt”.

Very occasionally a trial in a Magistrates’ court by be presided over by a District Judge sitting alone. The trial is held in the same way but the judge alone determines the verdict.

[bednobs]

thanks - hubby is still on jury service and we were talking about it today and he asserted that you only go to mags if you plead guilty, and i didn't think this was right. I'm very glad it isn't because i was so sure, i promised all sorts if he was right :)

[New Judge]

You may be interested to learn, bednobs, that more than 95% of all criminal prosecutions are dealt with to a conclusion in the Magistrates’ court. A large number of offences can only be dealt with at the lower court. These include (among many others) almost all motoring offences, common assault, assault on a PC, most public order offences and animal cruelty offences.

As well as these there are large numbers of “Either Way” offences which can be dealt with either by Magistrates or in the Crown Court (examples, Theft, Burglary, Dangerous Driving) and many of these stay in the lower court. In the event the defendant pleads not guilty to any of these matters a trial is heard in the Magistrates’ court.

Hope your hubby will provide the “all sorts” you promised him if you were wrong.

[bednobs]

i may just keep this info up my sleeve in case he thinks he's right again :) Thanks

[R1Geezer]

You can plead not guilty in the magistrates court, I know I've done it!

[trepolpen]

Sometimes, even if a defendant has elected to stand trial in the magistrates' court, and the bench has accepted jurisdiction, the magistrates may nevertheless decide, after hearing all the evidence (and of course only if they reach a guilty verdict), that the matter is so serious that it should go to the Crown Court for sentence.

P.S. Though bednobs didn't ask about this, it is perhaps worth pointing out that some cases dealt with in the magistrates' courts come under civil law, such as licensing appeals, and there the standard of proof is the "balance of probabilities" (or as Lord Denning described it "more probable than not").