Family proceedings court in the context of Lay magistrate


Family proceedings court in the context of Lay magistrate

⭐ Core Definition: Family proceedings court

In England and Wales, family proceedings court was the name given to a magistrates' court when members of the court's family panel sat to hear a family case. It was a court of first instance in England and Wales that dealt with family matters. Cases were either heard in front of a bench of lay magistrates or a district judge (magistrates' courts).

From 22 April 2014 the family proceedings court has ceased to exist and its functions were absorbed into the new single Family Court following the enactment of the Crime and Courts Act 2013. Magistrates continue to sit in family proceedings in the way described but within a different court arrangement.

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Family proceedings court in the context of Family Justice System of England and Wales

The Family Justice System of England and Wales is a branch of the Courts of England and Wales that deals with disputes within families through family law. Disputes are resolved in the family magistrates court and in the Family Division of the High Court. The matters considered by the court include those arising from marriage, divorce, financial payments following divorce, protection from domestic abuse and the risk of domestic abuse, child custody matters, adoption cases, cases surrounding artificial insemination, and the medical treatment of children.

Legislation creates some obligations of the state to children, disputes involving such matters are dealt with by public family law.

View the full Wikipedia page for Family Justice System of England and Wales
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Family proceedings court in the context of Magistrates' court (England and Wales)

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here; whilst notably family proceedings used to be dealt with in Magistrates' Courts, they are now dealt with in the Family Court (where Magistrates still sit). In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months' imprisonment, and/or an unlimited fine. Indictable only offences, on the other hand, are serious crimes (e.g. rape, murder); if it is found at the initial hearing of the magistrates' court that 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 are matters that can be dealt with either in the magistrates' court or in the Crown Court. Defendants have the option to elect for their case to be heard in the Crown Court, however magistrates also have the right to send the case to the Crown Court if at any time they consider that their sentencing powers are likely to be insufficient.

View the full Wikipedia page for Magistrates' court (England and Wales)
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