The Magistrates' Association

The adult criminal court
Courts are not always absolutely the same but usually the layout of the court is something like this. The offender usually sits in the dock. Place your mouse over any part of the diagram for more information.

Magistrates

Magistrates sit together in a row facing the rest of the people. The magistrate in the middle usually does all the talking - she/he is called the chairman and the other two either side are called wingers. They all work together to make the decisions. Whenever possible there will be a mix of male/female, young/old, working/not working, ethnic minorities.

Why is this important?

Sometimes you might see one magistrate sitting alone - she/he is called a district judge. There are about 100 district judges in England and Wales. They have legal qualifications and they are paid for the work they do. They sit alone in court.

The Clerk

- Acts as legal advisor to the court and is legally qualified.

- Assists defendants who do not have legal advisors by explaining what happens step by step.

- Puts the charges to the defendant.

- Advises the magistrates on the law and procedure when necessary.

- Keeps a record of the proceedings.

Witness stand

When people come to court to give evidence (tell the story of what they saw) they stand in the witness box. First of all they have to take an oath which means they promise to tell the truth.

They then tell the magistrates what happened and sometimes the person from the law enforcement agency (prosecutor) and the defence ask them more questions.

The magistrates and the clerk usually take down notes of what they say to help them remember all the important facts.

There is a service called 'The Witness Service' which helps witnesses, victims and their families before, during and after the court hearing. The volunteers help witnesses understand where they have to go and what happens.

Prosecution

The prosecution represents different organisation that have to give the facts tothe magistrate to prove that the person broke the law. Most cases are handled by the Crown Prosecution Service, but others may include:

- The Royal Sociaty for the Prevention of Cruelty to Animals who for example bring people to court if they don't look after their animals properly

- Trading Standards who, for example, might charge a shop owner with selling out of date food or a restaurant which was filing to keep the kitchen clean enough

- TV Licensing Authority who might charge someone who did not have a TV licence

Find out what sort of cases these prosecutors would bring to court: Customs & Excise, Local Authorities, Health & Safety Executive, Environment Agency.

Defence

When someone has been accused of breaking the law, they usually have a solicitor in court to help them.

A solicitor is someone who has qualification in the law and who can help with understanding what is happening. She/he can explain to the accused person what has been said so that they know what to say.

Probation

Probation officers help to supervise offenders in the community by trying to help them realise what they have done, how that has affected victims, and by helping them to go straight. Probation officers also write reports about people who have been found guilty to help magistrates decide what is the best way to deal with them.

Press

Sometimes there will be a reporter in court. Usually they are from the local newspaper but when a celebrity is in court there may be many more reporters. The press generally do not go into youth courts and and family proceedings courts because they can only report certain things.

When a young person is in court the magistrates can stop the press from naming the person or reporting certain information.

At the moment television cameras are not allowed to film actual proceedings in court but they can film reconstructions.

The Court Usher:

- often wears a black coat so that people can find them easily

- checks the arrival of people at court

- shows people in and out of the court

- gives people information about which court they should be in

- calls the witnesses

- generally keeps things running smoothly

A good usher checks a witness' name and religion so that they can swear an oath on their Holy Book.

They also help a court run very efficiently and calm people down who are angry, worried or impatient, or often all three!

Home Page • Magistrates • Courts • The Law • Fun things to do • Useful Contacts


Home Member login About us What we do Our objectives How we contribute Contact details Charitable status Bye-laws Staff Honorary officers Vice presidents History Events Annual report and accounts Association views Press notices Consultation responses Join the Association Who can join? Why join? What it costs Join now Being a magistrate Why become a magistrate? How to apply Talking to your employer What about training? Doing the job About sentencing Try your hand at sentencing Supporting charities Magistrates' allowances Employing a magistrate Information for employers Magistrates' allowances Going to court What will I see? How does it work? My nearest court Magistrates in the community What is MIC? Want a presentation? Mock trial competition LCCS Your questions Publications Information for young people Contact us Contact details Online enquiry Search the site:		The Magistrates Court The adult criminal court Courts are not always absolutely the same but usually the layout of the court is something like this. The offender usually sits in the dock. Place your mouse over any part of the diagram for more information. Magistrates Magistrates sit together in a row facing the rest of the people. The magistrate in the middle usually does all the talking - she/he is called the chairman and the other two either side are called wingers. They all work together to make the decisions. Whenever possible there will be a mix of male/female, young/old, working/not working, ethnic minorities. Why is this important? Sometimes you might see one magistrate sitting alone - she/he is called a district judge. There are about 100 district judges in England and Wales. They have legal qualifications and they are paid for the work they do. They sit alone in court. The Clerk - Acts as legal advisor to the court and is legally qualified. - Assists defendants who do not have legal advisors by explaining what happens step by step. - Puts the charges to the defendant. - Advises the magistrates on the law and procedure when necessary. - Keeps a record of the proceedings. Witness stand When people come to court to give evidence (tell the story of what they saw) they stand in the witness box. First of all they have to take an oath which means they promise to tell the truth. They then tell the magistrates what happened and sometimes the person from the law enforcement agency (prosecutor) and the defence ask them more questions. The magistrates and the clerk usually take down notes of what they say to help them remember all the important facts. There is a service called 'The Witness Service' which helps witnesses, victims and their families before, during and after the court hearing. The volunteers help witnesses understand where they have to go and what happens. Prosecution The prosecution represents different organisation that have to give the facts tothe magistrate to prove that the person broke the law. Most cases are handled by the Crown Prosecution Service, but others may include: - The Royal Sociaty for the Prevention of Cruelty to Animals who for example bring people to court if they don't look after their animals properly - Trading Standards who, for example, might charge a shop owner with selling out of date food or a restaurant which was filing to keep the kitchen clean enough - TV Licensing Authority who might charge someone who did not have a TV licence Find out what sort of cases these prosecutors would bring to court: Customs & Excise, Local Authorities, Health & Safety Executive, Environment Agency. Defence When someone has been accused of breaking the law, they usually have a solicitor in court to help them. A solicitor is someone who has qualification in the law and who can help with understanding what is happening. She/he can explain to the accused person what has been said so that they know what to say. Probation Probation officers help to supervise offenders in the community by trying to help them realise what they have done, how that has affected victims, and by helping them to go straight. Probation officers also write reports about people who have been found guilty to help magistrates decide what is the best way to deal with them. Press Sometimes there will be a reporter in court. Usually they are from the local newspaper but when a celebrity is in court there may be many more reporters. The press generally do not go into youth courts and and family proceedings courts because they can only report certain things. When a young person is in court the magistrates can stop the press from naming the person or reporting certain information. At the moment television cameras are not allowed to film actual proceedings in court but they can film reconstructions. The Court Usher: - often wears a black coat so that people can find them easily - checks the arrival of people at court - shows people in and out of the court - gives people information about which court they should be in - calls the witnesses - generally keeps things running smoothly A good usher checks a witness' name and religion so that they can swear an oath on their Holy Book. They also help a court run very efficiently and calm people down who are angry, worried or impatient, or often all three! Magistrates' Courts Youth Courts Family Courts Court Structure Home Page • Magistrates • Courts • The Law • Fun things to do • Useful Contacts
©2012 The Magistrates' Association: All Rights Reserved Site design & Build: Toby Wallis Communications

The Magistrates Court