Magistrates Court
The magistrates deal with an estimated 90% of all criminal cases, where the serious 10% are dealt with by the
Crown Court. Hearings in the magistrates try or sentence defendants through ‘summary proceedings.’ The
cases in which they deal with include burglaries, sexual assault and dangerous driving. Magistrates cannot jail
any convicted defendants for more than one year.
As of 2022, there are about 12,6000 lay magistrates in the UK who receive pay and training, and, in 2020, there
were a recorded 156 magistrates’ courts in England and Wales. For every criminal case, at least two magistrates
must sit. A trial within the Magistrates is known as a ‘summary trial’ - which emphasises the fast pace.
District judges
About 120 professional district judges, and about 75 deputy district judges (who must have at least five years
experience as either a lawyer or legal executive) sit in in the Magistrate’s trials. Most courts can be found within
city districts.
The taking of pleas
Defendants facing summary cases are asked (typically within their first appearance) how they plead to the
crime which they are being trialled for, Sentencing usually occurs at a following date to enable the preparation
of a ‘pre-sentence report.’ A contested case will be most commonly adjourned to enable a summary trial which
may result in a bail being issued depending on the intensity of the crime. Defendants who deny either-way
charges can choose whether they want to be trialled in either the Crowns or Magistrates. However, the
Magistrates may declare the case as being an ‘allocation procedure’ meaning too severe for them to judge. A
defendant may appear at a pretrial through a ‘live-link’ from a police station or prison in a ‘hybrid’ hearing.
Bail
Bail is the system in which a court is able to grant the suspects their ‘liberty’ until the next hearing of court,
however, some implications may restrict this such as house arrest, the surrendering of a passport, or police
visitations. Failing to ‘surrender to bail’ (this means failing to attend the next hearing) is considered as a form of
criminal offence which may likely result in an arrest warrant being issued. The Bail Act of 1976 states that every
defendant must be granted bail unless the court believes that the defendant will:
1. Abscond
2. Commit another offence
3. Obstruct the possibility of achieving justice
4. Is a threat to the public either physically or mentally.
The Court may suggest that the defendant should instead be kept in prison if
1. The defendant has allegedly committed an indictable offence where they previously was granted bail in
an earlier case
2. The defendant is already servicing a jail sentence
3. There is a lack of evidence to decide whether a bail is in the best interest
The court must provide why they have refused a defendant a bail. An individual accused of murder can only
receive bail if it is received from a Crown Court Judge.
Surety
In some cases, the court may declare that the defendant has a surety before bail is granted which means they
have a relative or friend on the suspect who guarantees that they will ensure that the suspect is received at
court, and to prove this, they will forfeit a sum of money. If such a promise is not maintained, they may also be
jailed.
Reporting restrictions for pre-trial hearings
31
, When a charge is heading towards a summary trial, because the defendant has pleaded as being not guilty, the
magistrates may hold at least one pre-trial hearing to consider and decide any disputes between the
prosecution and disputes between the prosecution and defence, as well as to consider bail. Section 8C of the
Magistrates’ Court Act of 1980 imposes the automatic restrictions which limits reporting regarding such
hearings. These are intended to prevent the possibility of prejudice. The material of pre-trial hearings, if
published by the media, may result in the influence of a jury’s verdict.
8C reporting restrictions
This section automatically applies to pre-trial hearings in the Magistrates’ Court due for summary trials. They
temporarily ban the publication of:
1. Any ruling by magistrates on admissibility of evidence or on any other question which may relate to
the case
2. ‘Proceedings on applications’ means the prevention of reporting legal arguments and discussions in
pre-trial hearings
The act defines a pre-trial hearing as being one related to a charge due to be tried by the magistrates where the
defendant has pleaded ‘not guilty’ and takes place before the magistrates start hearing prosecution evidence at
a trial. Therefore, 8C may cover a defendant's first appearance at court, however does not prevent the reporting
of their plea. Information which can be published however includes:
1. The names of the courts and magistrates
2. The names, ages, home addresses and occupation of the defendants and witnesses
3. The charge
4. The names of barristers and solicitors
5. The activity of the case- whether its been adjourned, and the date and place of when it was adjourned
6. An arrangement regarding bail
7. Whether legal aid was authorised.
If bail was not granted, publications cannot report on this especially why it was refused as this may be
prejudicial, but they can for instance state that the individual was remanded in custody for their ‘protection.’
The defendant’s current and past addresses
The current address of a defendant, as well as ones in which are relevant to the case, can be published however
if this occurs, it needs to be emphasised that this is not their current address otherwise, the current residents
may sue for libel due to the false reporting of connecting them to the crime.
When does the section cease to apply?
The court can, if desired, uplift restrictions to enable the media to report on pre-trials as well as any rulings or
decisions which result as a response. Furthermore, if a defendant objects, the court can lift the restrictions
again if they believe it is in the interests of justice. The section states that if a defendant objects, the
proceedings relating to this cannot be reported until the case is “disposed of '', even if restrictions were
previously lifted. This means that after the case’s verdict is granted, a media organisation can release
information from the pre-trials.
Liability for breach of the section
Individuals who breach section 8C are regarded at the same level as those who breach section 49 of the Children
and Young Persons Act of 1933 (anonymity.) The penalty for which is a fine unlimited by statute. This is applied
to both the publication’s proprietor as well as the editor.
Procedure in summary trials
What is said at a trial in the magistrates’ court can typically be reported in full as it occurs with no restrictions
under the 1980 act being applicable. The summary trial procedure is normally:
1. The prosecutor makes an opening speaker, describing the alleged crime
32
The magistrates deal with an estimated 90% of all criminal cases, where the serious 10% are dealt with by the
Crown Court. Hearings in the magistrates try or sentence defendants through ‘summary proceedings.’ The
cases in which they deal with include burglaries, sexual assault and dangerous driving. Magistrates cannot jail
any convicted defendants for more than one year.
As of 2022, there are about 12,6000 lay magistrates in the UK who receive pay and training, and, in 2020, there
were a recorded 156 magistrates’ courts in England and Wales. For every criminal case, at least two magistrates
must sit. A trial within the Magistrates is known as a ‘summary trial’ - which emphasises the fast pace.
District judges
About 120 professional district judges, and about 75 deputy district judges (who must have at least five years
experience as either a lawyer or legal executive) sit in in the Magistrate’s trials. Most courts can be found within
city districts.
The taking of pleas
Defendants facing summary cases are asked (typically within their first appearance) how they plead to the
crime which they are being trialled for, Sentencing usually occurs at a following date to enable the preparation
of a ‘pre-sentence report.’ A contested case will be most commonly adjourned to enable a summary trial which
may result in a bail being issued depending on the intensity of the crime. Defendants who deny either-way
charges can choose whether they want to be trialled in either the Crowns or Magistrates. However, the
Magistrates may declare the case as being an ‘allocation procedure’ meaning too severe for them to judge. A
defendant may appear at a pretrial through a ‘live-link’ from a police station or prison in a ‘hybrid’ hearing.
Bail
Bail is the system in which a court is able to grant the suspects their ‘liberty’ until the next hearing of court,
however, some implications may restrict this such as house arrest, the surrendering of a passport, or police
visitations. Failing to ‘surrender to bail’ (this means failing to attend the next hearing) is considered as a form of
criminal offence which may likely result in an arrest warrant being issued. The Bail Act of 1976 states that every
defendant must be granted bail unless the court believes that the defendant will:
1. Abscond
2. Commit another offence
3. Obstruct the possibility of achieving justice
4. Is a threat to the public either physically or mentally.
The Court may suggest that the defendant should instead be kept in prison if
1. The defendant has allegedly committed an indictable offence where they previously was granted bail in
an earlier case
2. The defendant is already servicing a jail sentence
3. There is a lack of evidence to decide whether a bail is in the best interest
The court must provide why they have refused a defendant a bail. An individual accused of murder can only
receive bail if it is received from a Crown Court Judge.
Surety
In some cases, the court may declare that the defendant has a surety before bail is granted which means they
have a relative or friend on the suspect who guarantees that they will ensure that the suspect is received at
court, and to prove this, they will forfeit a sum of money. If such a promise is not maintained, they may also be
jailed.
Reporting restrictions for pre-trial hearings
31
, When a charge is heading towards a summary trial, because the defendant has pleaded as being not guilty, the
magistrates may hold at least one pre-trial hearing to consider and decide any disputes between the
prosecution and disputes between the prosecution and defence, as well as to consider bail. Section 8C of the
Magistrates’ Court Act of 1980 imposes the automatic restrictions which limits reporting regarding such
hearings. These are intended to prevent the possibility of prejudice. The material of pre-trial hearings, if
published by the media, may result in the influence of a jury’s verdict.
8C reporting restrictions
This section automatically applies to pre-trial hearings in the Magistrates’ Court due for summary trials. They
temporarily ban the publication of:
1. Any ruling by magistrates on admissibility of evidence or on any other question which may relate to
the case
2. ‘Proceedings on applications’ means the prevention of reporting legal arguments and discussions in
pre-trial hearings
The act defines a pre-trial hearing as being one related to a charge due to be tried by the magistrates where the
defendant has pleaded ‘not guilty’ and takes place before the magistrates start hearing prosecution evidence at
a trial. Therefore, 8C may cover a defendant's first appearance at court, however does not prevent the reporting
of their plea. Information which can be published however includes:
1. The names of the courts and magistrates
2. The names, ages, home addresses and occupation of the defendants and witnesses
3. The charge
4. The names of barristers and solicitors
5. The activity of the case- whether its been adjourned, and the date and place of when it was adjourned
6. An arrangement regarding bail
7. Whether legal aid was authorised.
If bail was not granted, publications cannot report on this especially why it was refused as this may be
prejudicial, but they can for instance state that the individual was remanded in custody for their ‘protection.’
The defendant’s current and past addresses
The current address of a defendant, as well as ones in which are relevant to the case, can be published however
if this occurs, it needs to be emphasised that this is not their current address otherwise, the current residents
may sue for libel due to the false reporting of connecting them to the crime.
When does the section cease to apply?
The court can, if desired, uplift restrictions to enable the media to report on pre-trials as well as any rulings or
decisions which result as a response. Furthermore, if a defendant objects, the court can lift the restrictions
again if they believe it is in the interests of justice. The section states that if a defendant objects, the
proceedings relating to this cannot be reported until the case is “disposed of '', even if restrictions were
previously lifted. This means that after the case’s verdict is granted, a media organisation can release
information from the pre-trials.
Liability for breach of the section
Individuals who breach section 8C are regarded at the same level as those who breach section 49 of the Children
and Young Persons Act of 1933 (anonymity.) The penalty for which is a fine unlimited by statute. This is applied
to both the publication’s proprietor as well as the editor.
Procedure in summary trials
What is said at a trial in the magistrates’ court can typically be reported in full as it occurs with no restrictions
under the 1980 act being applicable. The summary trial procedure is normally:
1. The prosecutor makes an opening speaker, describing the alleged crime
32
