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In the magistrates' court, cases are usually heard by a bench of three (or occasionally two) justices of the peace, or by a district judge (magistrates' court). Criminal cases are usually, although not exclusively, investigated by the police and then prosecuted at the court by the Crown Prosecution Service .
The principal adviser to a bench or benches of magistrates is the justices' clerk, appointed under the Courts Act 2003 by the Lord Chancellor. The justices' clerk will be a qualified solicitor or barrister of at least five years' standing.
A key principle of the 1949 Act was that magistrates' courts should operate on a local basis with a large degree of autonomy. However, it left the central issue of accountability unanswered. In 1989, Julian Le Vay, a civil servant, conducted an "Efficiency Scrutiny of the Magistrates' Courts" [3] on the instruction of the Home Secretary. He ...
Summary criminal trials may be heard by a single district judge (magistrates' court) or by a panel of at least two, but more usually three, magistrates. Section 47 of the Criminal Justice Act 2003 allows a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception. [3]
The bench is usually an elevated desk area that allows a judge to view, and to be seen by, the entire courtroom. The bench was a typical feature of the courts of the Order of St. John in Malta, such as at the Castellania, where judges and the nominated College of Advocates sat for court cases and review laws. [4]
The appeal is to the Divisional Court of the King's Bench Division of the High Court. Two or three judges will sit. Two judges must agree for the application to be successful. [16] The Divisional Court may reverse, affirm or amend the decision of the magistrates' court, or remit the case to the magistrates' court. [17]
Almond joined the bench after years as a labor lawyer. A partner in the prominent law firm Edwards & Angell, Almond replaced U.S. Magistrate Judge Robert W. Lovegreen upon being selected for the post.
The Melbourne Magistrates' Court, the principal venue of the Magistrates' Court of Victoria A magistrates' court is a lower court where, in several jurisdictions , all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.