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Magistrates - Coggle Diagram
Magistrates
Civil cases
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- Hear 97% of all criminal cases
- Hear mainly summary cases but can also hear triable-either-way when the defendant opts for trial in a lower court
- If the defendant pleads guilty:
○ Magistrates will decide on a sentence after hearing representations for the prosecution and the defence
- If the defendant pleads not guilty:
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- There sentencing powers are limited to a maximum or six months imprisonment and a fine of £5000
- If they think the defendant needs a higher sentence, they can refer the case to the Crown Court
- For indictable or triable-either-way cases where the defendant opts for a Crown Court trial, magistrates can deal with preliminary hearings e.g. Early Administrative hearings, remand hearings, bail applications and committal proceedings.
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Criminal cases
- Mostly deal with family matters in the Family Proceedings Court
- Also hear cases about non-payment of council tax or TV licences
Family proceedings court
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○ Magistrates have to have special training to be able to deal with the cases as they are often complex and highly emotional