The Magistrates’ Court

The Magistrates’ Court

Articles, Blog , , , , , , , , , , , , , , , , , , , , 100 Comments


We are the magistrates and we hear all the
evidence in the case and decide whether the defendant is
guilty or not guilty. It is for the prosecution to prove their case beyond all
reasonable doubt otherwise we will dismiss it. Traditionally there are
three magistrates. I’m the chair and will decide the case with my two
colleagues. If my two colleages 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 offences within their
jurisdiction. We can also hear triable either way offences where the
defendant has agreed that this can be case. If we believe that a trial
is too serious we can refer the case up to the Crown Court. Even after we have heard a case we can refer that case to the Crown Court if we believe that our sentencing powers are not sufficient. I’m the legal adviser to the justices
although you make still hear me referred 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 all the proper procedures are followed. I’ll 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. I’m the Usher and I ensure that all
witnesses have answered their summons. I’ll fetch witnesses in when they’re called
and administer the oath or affirmation. When the witness is giving evidence I’ll 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. I’m 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 offence has being committed, secondly that the defendant has
committed the offence, and lastly that all the evidence has been 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 defence call witnesses, then I
can cross examine those witnesses. Remember, that prosecutors are only as
good as the evidence they are given. I am the Defence Solicitor and it is my role to protect the interests of my client. I can challenge evidence that has not
been gathered fairly in accordance with the Police and Criminal Evidence Act
1984 and have that evidence excluded, if so
required. If you have 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 defence to win the case, but for the prosecution to lose it.

100 thoughts on “The Magistrates’ Court

  • wheeliehigh Post author

    can you tell me police are allowed to lie in court under oath???? ive been told this by the IPCC. as false evidence was presented in court and police backed up these statements with lies in court. I had the case thrown out of appeal court as I was found guilty in a magistrates. apparently I was doing 40mph down a 30mph limit road, for at least 150 meters after police caught up and clocked my speed. I contested this with evidence showing the road was 120 meters long. any response??

  • WHITEROSE479 Post author

    .m

  • buterfly4243 Post author

    why they are not wearing wigs? It's magistrates' court, so there are barristers wearing them instead of solicitor?. Can anyone explain me?

  • Louise Webb Post author

    If anyones confused on the wigs they are magistrates not professional judges. This is a real court, it is just run differently just like any other court. 

  • Orlas1211 Post author

    Oh dear….:( So many people lacking in knowledge when it comes to Magistrates…. They ARE a valid court, and their decisions/Judgements have full force of the law.  Police are NOT permitted to lie under oath, and if such an occurence could be be established as fact, the individuals in question could be prosecuted for perjury… an offence I am glad to say is taken seriously in UK courts!  They don't wear wigs because they are not in fact legally qualified…. a very unique trait of the UK justice system, which strangely works extremely well.  The Clerk is a legally qualified Solicitor normally with knowledge of the legal complexities that they may come accross…the Magistrates Court is NOT an admiralty tribunal… it is a central hub of the UK Court system… 97% of all criminal cases will be heard there! Only 1% of all cases are heard in the Crown Court although, ALL criminal cases will at some point appear before the Magistrates.

  • Orlas1211 Post author

    @Kerrie… Magistrates have a duty to uphold ALL of the law… If they fail to do so they will likely face Judicial Review proceedings and their decision judgement will be overturned.

  • telemicus75 Post author

    not legally trained ???

  • Gary Davies Post author

    What a load of old bullshit… No mention of it being a commercial court trading for profit!

  • irza res Post author

    Is there any transcript for this video??

  • Tybok C Post author

    It's been said Magistrates disregard Common Law is that so?

  • David Wright Post author

    bullshit…corrupt corporate cash cow….ask for their names…they will NEVER divulge…why are the names of judge o/s a county or crown court room ( they are bent too) and NEVER  o/s or published in a mags. court…answer, because they are operating unlawfully…asking for their Oath is a nonsense….however, asking are they acting under their Oath…shits them up big time, they will normALLY RUN OUT…why?  because they have most;y been 'hired' by a council in the case of c.t. These people are fraudsters, lyers and operate with deciet……when they 'invite' you there by way of a cock and bull 'summons' …simply decline…lying bastards all of them! 

  • qetoun Post author

    Are they on their oaths? 

  • Noto Borders Post author

    Magistrates (The Bench) are working voluntarily and do not get paid. The judges get high salaries. The magistrate courts have limited power when it comes to sentencing. Magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine, generally of up to £5,000.

  • Michael Mallal Post author

    This seems like a good system. Maybe close to Napoleonic Code?
    In NSW magistrate sits alone.
    If you can't afford a defense counsel and can't get legal aid, too bad. 

  • BRIANd Post author

    This is silly to me, the Magistrates have no legal training, and they don't even get paid!

    What is the point?

    If the Court clerk oversees everything (procedurally) AND has legal training, shouldn't he be in the higher position?

    This seems like the Justices of the peace we have in Ontario, Canada. However they are given judicial powers and they get paid very well.

  • dmak2 Post author

    The subtitles are interesting 3:38 – 3:39

  • Jim Welland Post author

    HAHAHAH ALL RISE

  • Jim Welland Post author

    Crime By definition needs to have a victim and witness(s)
    seems we are the victims to fraudulent claims of STATUTORY jurisdiction. 

  • Brooke Townsley Post author

    This is a fabulously useful teaching resource. Thanks.

  • philipmah Post author

    Who transcribed this? The subtitles are full of errors – some of them hilariously funny!

  • una foster Post author

    You are all corrupt as you are not dealing with the law bit collecting revenue for corporate Britain!  As for the clerk you are a criminal because you allow this abomination in our LAW courts and do nothing!

  • Bonded Slaveboy Post author

    Since when did  Magistrates have JURISDICTION over any man or woman in your COMMERCIAL court.Where is the empirical EVIDENCE and FACTS that your LAWS apply.The law applies because the law applies how about the Laws don't apply because the Laws don't apply.Show me the Evidence and facts.

  • ORGASMIC SHOPPER Post author

    dear god!!! what a load of inaccurate rubbish……!!!!! no the chair DOES NOT HAVE THE DECIDING VOTE!!!!!! GET YOUR FACTS RIGHT.

  • dsfadsfgafgf Post author

    Utter bollox

  • matt kingshott Post author

    The subtitles are weird they pickup what words are sayed there not typed onto the video
    There nearly always wrong too

  • Michel Fregefon Post author

    Northampton Country Court are one of the worse in this Country fillet with idiots and Monkey's, ready to stamp anything on favor of any Criminal and Crook in England.., such place should be burn and destroy on the face of Earth……..
    I have my experience and witness what such shit Have done to one Vulnerable individual hopeless taking advantage …

  • Jecs42 Post author

    Hi its Joe

  • SCOPES Post author

    It George

  • ShadddowNight Night Post author

    It's bailey

  • Joakes 52 Post author

    Hi all is me

  • Absar Shah Post author

    nice

  • Luke Fox Post author

    stop talking sid

  • Sidney Stehn Post author

    why?

  • Luke Fox Post author

    cause sam said

  • Sidney Stehn Post author

    luke I'm annoyed at you

  • Adrian Swaby Post author

    Court

    _________________
    Swear in church reverend pastor e t c

    He done it not us
    Just here to prove he done it

    Would you make court judge a reverend
    People turn up to prove judge guilt

    Magistrate

    No
    White church
    ?

  • MisterSir Post author

    if they lose, you win, so is your closing statement not a non-sequitur ? LOL

  • Jim Jones Post author

    If I sat in your court fighting my rights.on child contact through the court against false allegations socialworkers set me up by regarding assaults I was convicted.off can I use a special defence of coaching a child to testify hearsay put in the child's mind by the socialworker dept breach of 1989 children's act and breach of rights disallowing contact after 3 consecutive years and justifying by them no change but they are disallowing human rights to family life

  • Jim Jones Post author

    People always remember me.if I dissappear I fought the system till I couldn't cope anymore they stole my childrens.dreams and there parents stop the taking of a child from there real pare j to don't try and butter up our kids are better off elsewhere the parents always know best for.there own children sod the lot of them children stolen by UK socialservices need abolished namely I.c
    S. Short.name for integrated child services scumbags

  • Jim Jones Post author

    Socialworkers told.my kids I didn't want to see them how low.can some folks be

  • likesmilitaryhistory Alan Moore Post author

    Do you swear on the Holy Bible to tell the truth, the whole truth and nothing but the truth,
    "Huh, no. I intend to lie like heck"

  • 0121 Post author

    I'm about to take social services to court like they did to me with all there lies..wasnt even allowed to show my evidence.. they have breached my human rights.

  • Adrian Swaby Post author

    Explaining Oval

    Men will be police
    Women will be army
    Men centre legs
    Why we have to wait so long
    Black previous
    White
    Then white again

    You can communicate better than that

    Bye

  • Bewildering Truth Seeker Post author

    This is fantastic!! Thank you. I have always wondered how british courts worked… Im gonna watch a video on "crown court" next… I always wondered why they were those hair pieces.

  • Simon Negusse Post author

    By humans life u juge

  • Adrian Swaby Post author

    Attraction

  • Adrian Swaby Post author

    Can't arrest can refer it to newspaper

  • Adrian Swaby Post author

    Can't threat
    Fear of violence

  • Adrian Swaby Post author

    Affirmation
    Photo reading
    Gravestone etc
    Water racist

  • Adrian Swaby Post author

    Grave

    Grace

  • Adrian Swaby Post author

    Fairly

  • Adrian Swaby Post author

    PACE 1984 Schedule

  • Adrian Swaby Post author

    Out of date

  • ar bu Post author

    So this court is fake or an commerce court and it have no power over Man

  • Steve McIlroy Post author

    Don't kid yourself, you are corrupt . Do not listen to this idiot, take a solicitor, you are up against a bent court clerk if you represent yourself and YOU WILL NOT WIN. Even if you have evidence, the court clerk will stop you getting this out, stop you having a McKenzie friend and stop you reading out your opening statement while your ex wife lies 16 times under oath and walks out like she has done nothing wrong. She caused it all by breaking court orders and damaging my stuff to begin with that Northamptonshire police totally glossed over. What a pathetic system we live in.

  • Ru Bear Post author

    Holy shit! They turned justice into a game of winning and losing. Help us God!

  • Adrian Swaby Post author

    to proud around
    A chest radiograph, colloquially called a chest X-ray, or chest film, is a projection radiograph of the chest used to diagnose conditions affecting the chest, its contents, and nearby structures.Wikipedia

  • Matt Jones Post author

    Didn't hear the word 'Law' once. Just ensure common law jurisdiction is established….

  • Steve McIlroy Post author

    Steve McIlroy
    1 second ago
    Not interested what people say on here if it works or not. The magistrates courts are a joke. I wanted to have a Mckenzie friend on the 1st June 2016 in Corby Northants and had confirmation from DJ Daber the day before in Northampton court. I turned up and the court clerk refused me that, then my ex wife took the oath and lied 16 times, each time ( out of frustration) I threw my hands in the air in disbelief, Then I took the oath, had evidence on me she had just lied, and the court clerk refused me getting my evidence out, refused me reading my opening statement, and a McKenzie friend. I reported her to the CPS. GUESS WHAT, SHE LIED TO HER OWN DEPT! " I would have let him have a McKenzie friend if he wanted one, let him get his evidence out and given him all the time he needed to get his evidence out" . YOU LIAR! Now the ombudsman is involved, I'll bet any money she will get off. Its taken me two years to follow the process to get her there, and I already know its going to fail. Beware when going to court, TAKE A SOLICITOR! These people are talking bollox.

  • Steve McIlroy Post author

    They are saying that here because thats what they are supposed to do, but in reality, they will walk all over you. Corruption on a massive scale.

  • Jhovan Rowe Post author

    I was quite lucky I got a 6 months probation but only 12 hours work and a weekend away with a programme set up with other teens it was a memory.

  • Adrian Swaby Post author

    chemical aye

  • Adrian Swaby Post author

    beer bong Brixton Police station

  • Adrian Swaby Post author

    dehydrated air
    sleeping bag

    noun

    a warm lined padded bag to sleep in, especially when camping.

  • Paw X Paw Post author

    Have I understood this correctly.. Magistrates… even in criminal case trials have no legal training?

  • H4RR150N Post author

    I'm sorry but I don't understand. Why are the magistrates untrained and not paid? it dosent make sense

  • Yuri Gagarin Post author

    "I'm the prosecuting solicitor," the lights go dim and thunder claps..

  • Hangry Hippo Post author

    Lots of low level criminals in this comments section LOL

  • Gulnaz Mukan Post author

    Hi! How can I get the transcript?

  • David Gibbs Post author

    They decide the case "beyond a reasonable doubt" NOT "beyond all reasonable doubt" as that is impossible.No one ever get convicted of anything if that was the test.

  • Andrew Stuart Post author

    I was in a magistrate's court recently to try and overturn a ridiculous speeding fine (34mph in a 30 zone). I sat through four cases before mine was called, all four pleaded guilty. There was a young man who was court speeding 120mph, a drunk driver, a man who’d caused vehicle damage in an accident through carelessness, and so on. The entirety of the proceedings was spent on how the defendants were going to pay their fines. There was not a single statement from the magistrates that criticized their behavior, no-one told them they were wrong or behaved badly or dangerously. The court was a collection agency for the local borough council. Depressing.

  • Samantha Manning Post author

    I'm going to assume that this video is referring to the U.S. Magistrates, correct? There are 2 Magistrates. There is the state magistrate and the federal magistrate that is appointed by a district court judge.

  • Samantha Manning Post author

    And what it meant by triable either way cases? Are they probable cause hearings?

  • Creature Post author

    fuck sake me teacher sent this as hw go suck your mum

  • Big Reds Post author

    All the time I taught Is a relating my case to a judge but when my case RULE against me Then I get to know she was not a judge but a magistrate Why when you file a case they don't come up front and let the Plaintiff know is a magistrate and not a judge Now since my case RULE Against me that is not fair Even the Law system is very bias and not Truithful.

  • F.S Law Solicitors Post author

    Excellent video. Please show me support by subscribing to my channel. Thanks

  • Dano1947 Post author

    No legal training nor persons of the court but they have the power to screw your life up, non the less, how fucked up is that?

  • luke r Post author

    An introduction to the real criminals…

  • Olly Metcalfe Post author

    Don’t barristers present the case rather than solicitors? Or is that only in the crown court

  • Sareena Nagpal Post author

    please do the youth court

  • Politicallittlehelper Post author

    Well I know this to be a load of old tosh- the most prevalent thing is the absolute trust you put in the procedure and your solicitor once the police have interrogated and charged you most individuals think there solicitor is there to defend and make sure what the police are charging you with is correct and not personally vindictive and also in reality the solicitor dictates sentencing like fines and orders to the magistrates like probation or even prison

  • jay cam Post author

    Courts are a kangaroo Corporate company for profit which erode peoples rights and commits fraud on an unbelievable scale,When following statute law you are robbed of your wealth happiness and contribute to the crimes the establishment commit every second of the day,

  • steve hensmantownand Post author

    You are all dishonest and Crooks I do not like you at all the way you are especially with your baby council's taking taking people to their own courts the magistrates you are nothing but Liars Crooks and deceiving people you are bad

  • Matthew McCartney Post author

    So is it like a mini-jury?

  • WakeyUpPeople Post author

    Thank you so much. Wish I had seen this many months ago might of saved me six months of ongoing poverty and harassment from my local council!

  • meanne peralta Post author

    So this is wat i see and what it looks like inside… Ive seen this place

  • Overload Ninety 9 Post author

    Awesome vid thank you

  • TheArmstrongArmy Post author

    2:18 is it just me or does he sound like he's bragging that you can get a glass of water 😂When you put anything on your CV to look good 😂 "I can even feach a glass of water for someone if they are thirsty"

  • Senora Senora Post author

    We think the queens name should not be used in the court system. Name change to "Judicial system" is name change proper. Not to use queens and kings names, it's very discriminative on all levels of the justice system. It's time to remove any titles in justice so everyone in society is equal, with no exception of race , color , sex and persons. Kings and queens should not be attached to justice period. In our opinion. 🤔

  • Trickx Post author

    Cant believe this awful bias video! This was the exact same court i went to when i was charged for car theft! The original magistrate was nice but this one is so evil i wouldnt even regret my crime!

  • Reuben S.J Post author

    That guy was so proud when he said he could give people a glass of water 🙂

  • Rob StrickeN Feary Post author

    So they admit that they are not legal professionals… so they literally have no jurisdiction.

  • Rob StrickeN Feary Post author

    The Magistrates are scum.
    I had to go yesterday for a "stalking" charge… which they AGAIN at the last minute changed it to harassment because it's all just an act and they have no idea how the law works.
    The magistrates did not give their oath when i was there, they did not operate under Common law but infact Maritime law, evidence was because we were not allowed to record or use our phones, even to check them EVEN when the magistrates left, YET the prosecutor had his phone out the whole time, he baggered the "victim" trying to put words into her mouth to the point it was making her feel uncomfortable, he tried to get her to say that she was distressed by me, at one point she even said "not distressed, more annoyed" he also tried to make out that me asking the police to make a welfair check on her went against my conditions to not indirectly contact her although it was simply a wellfair check AND i ask for it BEFORE my conditions were made.
    The magistrates ignored all forms of evidence that my course of conduct did NOT amount to harassment, the magistrates even stole that evidence off of me!
    And to make matters worse, they are not a court of record so they can deny all of this.
    In the end they decided to side with her "evidence" so i was found guilty, although there was no evidence, she seemed more "believable" …she said it herself, she was not in distress.
    Magistrates are not justice.
    They are criminals of the highest order that seriously need to be stopped.
    Crime rate is rising simply because the magistrates is a buissness.

  • cambs 01 Post author

    Ah if it wasn't for the English magistrate courts we wouldn't have Australians!

  • paul Gory Post author

    How come Magistrats are not legal professionals???????????what is thisss????in my country you dont became magistrat without 8 years of university and a harddddddd exam after!

  • Jane Daly Post author

    I need prayers

  • Jane Daly Post author

    Prayers

  • Jane Daly Post author

    I need prayers

  • Jane Daly Post author

    I need prayers

  • Jane Daly Post author

    I need prayers

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