Summary

The Magistrates court system is a well-oiled machine that relies on various

parties working together in unity to keep its cogs turning.

The first Justice of the Peace1 was appointed in 1361. The Magistrates
Court system has evolved radically to keep abreast with developments in
social/cultural spread and technological advancements.

The Lord Chancellors Department (LCD) is continually striving to strike a

balance between the background (ethnicity, sex, age, class) of a
magistrate and the community that they represent.

This report tackles the issues and looks at possible solutions available,
with references to the Auld Report 2001.

1
All Justices of the Peace are Magistrates’ by default – Class notes 20/10/03

1
Contents

Summary 1

1. Introduction 3

2. The Magistrates’ Court 4

2.1 Court Personnel 4

2.2 Court Layout 4
2.2.1 Typical Court Room 4
2.2.2 Video Court Room 5
2.3 Court Etiquette 6

3. The Court Room – An Inside Story 7

3.1 Efficiency and Accuracy 7
3.2 A Case Against the Prosecution 7
3.3 Background of a Magistrate 8

4. Video Court 8

5. Conclusions 9

6. Appendices A to D 10

7. Glossary 14

8. Bibliography and Reference 15

2
 1. Introduction

The Criminal Justice System in the UK spends more capital than the
education system.2The role of the magistrates’ courts (MC’s) play a major part
in the workings of the Criminal Justice System as a whole. Nearly all criminal
cases originate at a Magistrates’ court and most of them completed there.3

This report will discuss and analyse the operation of a London Magistrates’
Court(s) based on my findings on visits’ to Ealing and Uxbridge Magistrates’.
The purpose of this report is to comment on the positive workings of the
Magistracy system, the way the system has evolved over the years to keep
abreast and utilise current technological advancements (Video Courts) and to
recommend any positive actions to improve the system (based on the Auld
Report (2001)).4

To begin with, all websites recommended within the course notes were
visited. The Magistrates Association Website5 provided
address/location/contact details for the Magistrates’ Courts in the Ealing Petty
Session area. I then visited Ealing Magistrates’ the evening before my actual
Court visit to obtain a court listing, in order to get an idea of types of cases
were heard at each court.6

Also, research into Publications and books referring to Magistrates’ were

carried out. In particular the section on MC’s in The English Legal System by
Catherine Elliot and Frances Quinn, the publication Justice of Peace and
Internet Resources, such as the court services web site and BBC web site.

2
Class lecture notes 29/09/03.
3
Over 95% cases completed. Source: The Magistrates’ Court, Courtesy of CourtServices Website
http://www.courteservice.gov.uk/you_courts/criminal/introduction/magistrates.htm
- Refer to Appendix A
4
Refer to appendix A for a summary of the Auld Report
5
http://www.glmca.org.uk. Refer to appendix A
6
Refer to Appendix B for information copied from the original court listing for 29/10/03. Personal
details of defendants are not shown to protect confidentiality.

3
 2. The Magistrates’ Court

This section gives a brief account on the court personnel that are involved
in a MC9 and differentiates between the common court layout and a video
court layout. Also covered are the court etiquette, procedure and
practices’.

2.1 Court Personnel

Magistrates: Each court comprised of three lay Magistrates’, although I

observed one session where only two magistrates were present.

Legal Advisor: Advises the magistrates’ on points of law. Formerly known

as ‘Court Clerk’.

Crown Prosecutor – Presents the case for the CPS7. Representing the
Crown.

Defence Attorney – Represents the defendant. Argues the case for the
defendant.

Defendant – Person(s) charged/summoned before the Magistrates’

answering action taken against him/her/them by the CPS.

Probation Officer(s) – Responsible for compiling a PSR8 for the

defendant where requested by the Magistrates’.

Usher – Calling of witnesses’ and defendants’ and other court duties.

2.2 Court Layout

2.2.1 Typical Court Room

Although the general layout of the courtroom may differ slightly from MC to
MC9 the seating for the Magistrates’, the legal advisor and
prosecution/defence council’s are identical at each MC. The Magistrates
sit on a somewhat raised platform with a plaque of the Crown behind
them.

7
Crown Prosecution Service. Refer to Appendix C - Glossary
8
Pre-sentence Report. Refer to Appendix C - Glossary
9
Magistrates’ Court. Refer to Appendix C - Glossary

4
Fig 2.1 – Showing typical layout of a Magistrates’ Court.

2.2.2 Video Court

Almost identical to the typical courtroom, the major difference being that
the defendant is not present in person in court. A live communications link
between the courtroom and prison (e.g.: Wormwood Scrubs) provides the
court with live images/sound of the defendant and vice versa.

5
 The Magistrates

The Clerk

TV Screen

Crown Defence Interpreter

Prosecutor Council
TV Screen

Usher
Press
Seating

Authorised Person(s)

Public Seating

Fig 2.2 – Showing layout of video Court10

2.3 Court etiquette, practice and procedure

A person entering the court bows to the crown not the Magistrates (as
some think), supported by the fact that some do not bow at all when
Magistrates’ are not present.

In a video court the Legal Advisor explains to the defendant that the
hearing is taking place through video link and that it does not in any way
affect the seriousness of the offence(s).11 Two of the cases that were
observed at video court required an Interpreter (Somali). Initially, the
Interpreter takes an oath, which is slightly different to the oath taken by a
witness for example.

10
See Court notes – Appendix B page 07
11
See court notes – Appendix B

6
 3. The Court Room – An Inside story

3.1 Efficiency and Accuracy

MC’s have a long schedule of cases that will be heard each day.
Although, the majority of cases may seem clear-cut, either-way cases
or a ‘not guilty’ plea case calls for an adjournment on the first hearing.
A good example of this is where a defendant accused of theft from a
department store is captured on CCTV15 video12. The prosecution
mentions to the court that this video evidence is available. The defence
is no doubt interested in getting hold of this evidence to evaluate
his/her client’s position. An adjournment will result due to the provisions
for ‘advanced disclosure’13 as stated within the Criminal Procedure and
and Investigations Act 1996. Furnishing the defence with this evidence
in advance of the proceedings will not only prevent delays but also
prevent the prosecutions case from weakening.

Magistrates’ have to make speedy decisions on bail14 applications,

sentencing and mode of trial with no scope for error. The video courts’
hear a lot cases for bail applications. The magistrates’ have to decide
whether to grant the application based on the nature of offence, the
defendants’ past history of surrendering to bail, antecedents (ties with
the community), the strength of evidence against and NFA15.

All three of the cases observed within the video court saw bail
applications being refused due to one or more of these criteria being
negative.

3.2 A Case Against the Prosecution

Adjournment of a case can be for stem from the following reasons:

• Defendant not appearing

• Witnesses not appearing at a trial
• Change of plea by defendant (without prior notice)16
• Prosecution not ready

Although, the bulk of adjournments stem from the defence, there are
occasions when the prosecution request adjournment due to lack of
preparation. 17

12
See case notes on appendix B – pg 2
13
Course Notes on ‘Disclosure’ pg 47
14
The criteria used is as defined within the Bail Act 1976
15
No Fixed Abode – See Appendix C Glossary
16
Justice of the Peace Pg 561, Sept 5, 1992 Vol. 156 No.36
17
See case notes on Appendix B – Pg 1/2

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 3.3 Background of a Magistrate

Magistrates’ have been known to be “white middle age ladies with

pearls”.18 There has been a genuine effort exercised by the lord
Chancellors Department (LCD) to recruit magistrates of varied ethnic
origin, age, sex, and social class.19 This is reflected in the session
observed at Court 1 at Ealing, in that the bench comprised of a learned
Magistrate of Sikh origin.

4. Video Court

The video court was fully introduced in England and Wales in Feb 2002.20
The system provides a method of trying dangerous criminals without the
need for secure transportation to/from a MC. Thereby cutting-down on
costs for the Police/Prisons Service. Often, cases are adjourned due to
various reasons as described in section 3.2. The court heard that one of
the defendants had continuously had the case adjourned for well over a
year on medical grounds, the last time his reasoning being that he was
diagnosed as having a “hole in the heart”. The defendant did not have any
medical proof to support his statement.21

Each case heard through the video court is allocated a 30mins slot. The
system relies on all personnel. I.e.: Defendant, prison Guards(s), Video
Link Officer to be ready to hear the case at a pre-defined time. The
defendant is shown the Magistrates’, Defence Council, Prosecutor,
interpreter (where needed) and other personnel before proceeding with the
case.

Issues may arise when cases have to be adjourned to a different court.

This causes delays as certain personnel at that court had to be contacted
to set a suitable date/time. An online computer system22 to access court
schedules can be very useful in these circumstances. The same principle
can be further extending to updated information on sentencing etc.

18
Course notes – 13/10/03
19
English Legal System by Catherine Elliott and Francis Quinn - pg 189
20
Article Title: “Video links remand prisoners with magistrates court” –
<http://www.excelsior.pwcglobal.com/knowledge/article.asp?artID=898>
21
See case notes – Appendix B – Pg 6
22
Auld Report - http://www.criminal-courts-review.org.uk/summary.htm

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 5. Conclusions

Unjustified adjournments are a major concern23, which have been

addressed over the years24. There is still scope for improvement in this
area. The sentence passed for a guilty plea should reflect the stage of the
case when such a plea was entered into (or if the plea had been changed
at some point).22

The LCD must deploy a strategic campaign in order to recruit Magistrates’

of varied ethnic background, age, class, and sex. Although there is a good
balance of Magistrates’ between the sexes attention to other elements are
somewhat lacking.

There is currently a campaign to recruit young Magistrates’ (the minimum

age being 26) with advertisements’ on London Buses. In order to recruit
young magistrates’ the LCD will need to address the root of the issue and
work together with specific employers to lure these potential young
magistrates (without hindering their career prospects). The MC can be
defined as “Local Justice for Local People by Local People” 25 The
magistrates’ background should be reflective of the social/cultural diversity
that exists within the UK.

Video courts are a very cost-effective means of hearing cases before the
trial stages. The system works extremely well in general. Improvements
can be made to the way the audio system is handled. There is a red light
on each microphone that illuminates when it’s their cue to speak. The
defendant should be informed of this in order prevent person(s) speaking
out of turn and maintain the order of the court.

The use of modern communications channels to improve the MC system

should be encouraged without taking away the liberties of the defendant
(e.g.: clients in custody having access to defence lawyers26)

Overall the courts showed a semblance of a cultured an organised nature

in a sometimes chaotic environment.

Word Count: 1489 Words

23
See Justice of the Peace Pg 561, Sept 5, 1992 Vol. 156 No.36
24
See Appendix D – Average number of days from arrest to sentence (young offenders) courtesy
http://www.statistics.gov.ukj/cci/nscl.asp?ID=5679
2

25
Class notes from Lecture by Magistrate Pam Ulstein on 20/10/03
26
Auld Report Summary - http://www.criminal-courts-review.org.uk/summary.htm

9
APPENDIX A
-------------------

10
APPENDIX B
-------------------

11
APPENDIX C
-------------------

12
APPENDIX D
-------------------

13
7. Glossary

Crown Prosecution Service (CPS) – Is responsible for digesting the evidence

submitted to them (usually by the Police) and bringing the case to Court. Often
has to work closely with the Police and Probation Service.

Closed Circuit Television (CCTV) – Footage can be used as evidence in court.

Usually images captured by a high definition video camera/recorder.

Lord Chancellors Department (LCD) – Head of the judiciary. President of the

Supreme Court and President of the Chancery Division. The Lord Chancellor
effectively selects most judges, has overall responsibility for the Court Services
and appoints all magistrates (JP’s).

M
Magistrates’ Court (MC) – Hears cases for offences/crimes committed in that
area, plus family matters. There are 105 geographically divided commissions in
the UK which are further subdivided in to Petty Sessional areas’.

No fixed Abode (NFA) – Relevant where a bail application is made. An offender

with no permanent address (or No fixed abode) is less likely to be released on
bail.

P
Pre-Sentence Report (PSR) – Magistrates have the option of ordering a Pre-
Sentence Report before sentencing in order to gain an understanding of the
offender’s background (work/study history, previous convictions etc). This is
carried out by the Probation service.

14
8. Bibliography and References

• English Legal System by Catherine Elliot and Frances Quinn

• How to study Law by A. Bradney, V. Fisher, J. Masson, A. Neal, D. Newell
• Notes of the Week – Collapsed Trials Syndrome by F.G. Davies, B.A.(Hons),
Barrister - Justice of the Peach Journal – September 5, 1992 Vol. 156 No.36

Internet Resources:

• Sir Robin Auld’s Summary of his Review Report

<http://www.criminal-courts-review.org.uk/summary.htm>
• Sir Auld Review Statement – The criminal courts review report (A
Government Statement)
<http://www.lcd.gov.uk/criminal/rccstat.htm>
• Average number of days from arrest to sentence (young offenders)
published by the government statistics office –
<http://www.statistics.gov.uk/CCI/nscl.asp?ID=5679>
• The Magistrates’ Court -
<http://www.courtservice.gov.uk/you_courts/criminal/introduction.magistr
ates.htm>
• Magistrates’ Court Addresses obtained through Greater London
Magistrates’ Court Authority Website –
<http://www.glmca.org.uk>

15