Magistrates' court (England and Wales) in the context of Family proceedings court


Magistrates' court (England and Wales) in the context of Family proceedings court

⭐ Core Definition: 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.

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👉 Magistrates' court (England and Wales) in the context of 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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Magistrates' court (England and Wales) in the context of Stipend

A stipend is a regular fixed sum of money paid for services or to defray expenses, such as for scholarship, internship, or apprenticeship. It is often distinct from an income or a salary because it does not necessarily represent payment for work performed; instead it represents a payment that enables somebody to be exempt partly or wholly from waged or salaried employment in order to undertake a role that is normally unpaid or voluntary, or which cannot be measured in terms of a task (e.g. members of the clergy). A paid judge in an English or Welsh magistrates' court was formerly termed a "stipendiary magistrate", as distinct from the unpaid "lay magistrates". In 2000, these were respectively renamed "district judge" and "magistrate".

Stipends are usually lower than would be expected as a permanent salary for similar work. This is because the stipend is complemented by other benefits such as accreditation, instruction, food, and/or accommodation.

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Magistrates' court (England and Wales) in the context of Crown Prosecution Service

The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.

The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions both in the magistrates' courts and the Crown Court.

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Magistrates' court (England and Wales) in the context of Commercial Court (England and Wales)

The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.

It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review.

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Magistrates' court (England and Wales) in the context of Rights of audience

In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a solicitor advocate to represent clients in the superior courts also. There is no such distinction in American law.

In superior courts, generally only barristers or advocates have a right of audience. Depending on jurisdiction, solicitors may have a right of audience in the County Court, magistrates' courts and justice of the peace courts. Further, a person appearing in court without legal representation has a right of audience but a person who is not a lawyer that assists a party to a legal matter in court does not have a right of audience. See D v S (Rights of Audience) [1997] 2 FCR 217

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Magistrates' court (England and Wales) in the context of Oxford circuit

The assizes (/əˈszɪz/), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, most notably those subject to capital punishment or, later, life imprisonment. Other serious cases were dealt with by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justices of the peace in petty sessions (also known as magistrates' courts).

The word assize refers to the sittings or sessions (Old French assises) of the judges, known as "justices of assize", who were judges who travelled across the seven circuits of England and Wales on commissions of "oyer and terminer", setting up court and summoning juries at the various assize towns.

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Magistrates' court (England and Wales) in the context of Salford Town Hall

Salford Town Hall is the former town hall of Salford, Greater Manchester, England. It was the meeting place of the County Borough of Salford. Following the abolition of the county borough, it became Salford Magistrates' Court and continued to be used as such until 2011. The court was then merged with the court of Manchester to form the Manchester and Salford Magistrates' Court. The building is now in residential use and is a Grade II Listed Building being designated in January 1952.

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Magistrates' court (England and Wales) in the context of List of Crown Court venues in England and Wales

In the system of courts of England and Wales, the Crown Court deals with serious criminal charges and with less serious charges where the accused has elected trial at the Crown Court instead of trial at a magistrates' court. The Crown Court also hears appeals against conviction and sentence from magistrates.

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