Video 13.1 The Magistrates’ Court

 [THE MAGISTRATES] We are the magistrates. We hear all the evidence in the case and decide whether the defendant is guilty or not guilty. It's for the prosecution to prove their case beyond all reasonable doubt otherwise we will dismiss it. Traditionally, there are three magistrates, I am the chair and will decide the case with my two colleagues. If my two colleagues can’t agree, I will have the deciding vote.

Occasionally, we may have to sit as a pair and then decide the case between us. Although we've had some training, we are not legal professionals and we are not paid. Magistrates hear all summary offenses within their jurisdiction. We can also hear triable either way offenses, whether the defendant has agreed that this can be a case.

If we believe that trial is too serious, we can refer that case up to the Crown Court. Even after we’ve heard a case, we can refer that case to the Crown Court if we believe that our sentencing powers are not sufficient.

[LEGAL ADVISER TO THE JUSTICES] I am the legal adviser to the justices, although you may still hear me refer to as the clerk of the court, or the magistrates’ clerk, and I am legally trained. My job is to ensure that everything runs properly and that all the proper procedures are followed. I will ask a defendant to enter a plea and I will ask witnesses to identify themselves. I will advise the magistrates on legal matters and I will ensure that only admissible evidence is put before the court. If a defendant is unrepresented, I will advise them to ensure they get a fair trial.

[USHER] I am the Usher. I ensure that all the witnesses have answered their summons. I fetch witnesses in when they are called and administer the oath or affirmation. When a witness is giving evidence, I will pass exhibits around the court. I can even fetch a glass of water for someone if they are thirsty. You'll hear me say, All rise.

[PROSECUTING SOLICITOR] I am the prosecuting solicitor and I present the prosecution case. There are three things that I must prove to the satisfaction of the court. Firstly, that an offense is being committed. Secondly, that the defendant has committed the offense, and lastly, that all the evidence is being gathered in accordance with the correct evidence gathering procedures. If I fail to do any of those things then the defendant is entitled to an acquittal. I will ask questions of prosecution witnesses to enable them to give evidence. I cannot ask leading questions or suggest answers. Obviously, I can only present evidence that has been gathered fairly. If there is a case to answer and the defense call witnesses, then I can cross examine those witnesses. Remember, the prosecutors are only as good as the evidence they are given.

[DEFENCE SOLICITOR] I am the defense solicitor, and it’s my role to protect the interests of my client. I can challenge evidence that’s not being gathered fairly in accordance with the police and Criminal Evidence Act of 1984 and have that evidence excluded if it’s so required. If you've been fair, thorough, exercised your powers correctly, and can account adequately for all your actions, then there should be little for me to challenge. Remember, it's not for the defense to win the case, but for the prosecution to lose it.