Magistrates Court Essay

1004 Words 5 Pages
Magistrate Report

The magistrates court is where every criminal case is initiated and where most cases are closed. As high as “95% of all criminal cases are dealt with in the magistrates’ court.” (Courts and Tribunals Judiciary) with only the most serious of cases proceeding to the crown court. The main difference between a magistrate’s court and crown court is that the verdict of whether the defendant is seen as guilty or not guilty comes from the assistance of a jury panel.

There are 3 types of cases that are present in a magistrate’s court; summary offences, either-way offences and indictable only cases. A summary offence is a case that does not require the presence of a jury and takes the form of a judge outlining the offence followed
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(Davies, Croall and Tyrer’s – Criminal Justice, 2015, p.27) Each of the models focus on the needs of particular individuals and what is seen as the appropriate action for them. There are 2 distinct criminal justice models which appear most commonly throughout the justice system; these are the Crime Control Model and Due Process Model. The crime control model stresses the role of the system in reducing, preventing and curbing crime by prosecuting and punishing those who are guilty of offences … as well as importance of protecting citizens and serving public by crime reduction. (Davies, Croall and Tyrer’s). Hebert Packer stated that the gulf existence between the ‘Due Process Model of criminal administration, with is emphasis on the rights of the individual, and the “crime Control Model”, which sees the regulation of criminal conduct as the most important function of the judicial system. (Cole and Gertz). It is notable that both of these models play a vital role in the organization of the criminal justice system and that they are still evident within the use of magistrates

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