Magistrates' Court

The Magistrates Court hears less serious criminal prosecutions. However most criminal matters must initially start in the Magistrates Court even if clearly to be tried in the Crown Court. In such circumstances there may be a preliminary hearing before the Magistrates known as committal proceedings where the magistrates determine whether there is sufficient prima facie evidence for the Defendant to be tried in the Crown Court.

In the case of serious and complex fraud where the circumstances make it appropriate for the management of the case to be taken over by the Crown Court without delay (section 4(1)(a) Criminal Justice Act 1987), the prosecution may serve a notice of transfer to circumvent the committal stage. Notice is given to the Magistrates Court and the accused may challenge this notice by applying to the Crown Court for the charges to be dismissed. It also deals with certain civil matters including family and licensing.

Most Magistrates Courts are comprised of a panel of lay Magistrates, assisted on legal issues by a clerk. A few are comprised of professional Stipendiary Magistrates. The Stipendiaries have legal knowledge and therefore do not need legal assistance from a clerk.