Going to court!
Discussion
Suggest getting along to a Mags Court before your trial and seeing what goes on. It will make your day all the less daunting, trust me...
Very briefly...
In the courtroom, there will be 3 magistrates (probably), the clerk (the mags' legal adviser), the CPS prosecutor and the court usher.
When you are called in, you will be asked to confirm your name, address and DOB.
The CPS will then give the evidence against you. They may call witnesses at this point.
You then get a chance to respond, question the witnesses, call any witnesses of your own etc.
The CPS can then address any points you have made.
The Mags then give their verdict of guilt or otherwise. If the former, then they will advise penalties - level of fine / points etc.
Dress smart, be polite and good luck..
>> Edited by SS2. on Monday 6th March 15:37
Very briefly...
In the courtroom, there will be 3 magistrates (probably), the clerk (the mags' legal adviser), the CPS prosecutor and the court usher.
When you are called in, you will be asked to confirm your name, address and DOB.
The CPS will then give the evidence against you. They may call witnesses at this point.
You then get a chance to respond, question the witnesses, call any witnesses of your own etc.
The CPS can then address any points you have made.
The Mags then give their verdict of guilt or otherwise. If the former, then they will advise penalties - level of fine / points etc.
Dress smart, be polite and good luck..
>> Edited by SS2. on Monday 6th March 15:37
ya55erm said:
Can anyone tell me what exactlly happens when you go to magistrates court ( see my other post- EFPN (TS10) as to why) such as who speaks first then who and when do i get a chance at being cousin vinnie!
You go in - the Clerk of the Court gets you to confirm that you are the person named on the summons.
To cut a long story short - if you plead not guilty - the prosecution make their case with their witnesses. You, or your solicitor, can question them about matters. NB It's important to note that this is a question session, not a mitigation session, or an argument session. You then may give evidence on your behalf, bringing whatever evidence you want to. The prosecution solicitor can then ask you questions in the same way.
At the end of the day, the bench decides whether the prosecution have proved the matter 'beyond a reasonable doubt'.
In a nut shell.
Master of ceremonies is The Clerk of the Court that usually sits before and in front of the Magistrates and he guides and controls all.
Defendant called before the bench.
Identity confirmed.
Charge/s read out.
Plea taken.
Not Guilty :-
CPS outline case in opening speech.
Call witnesses and lead through their evidence.
Defence cross examine.
CPS confirm main point of their witnesses evidence if necesssary.
At the end of all prosecution witnesses now defence can do the same and call their witnesses, who after giving evidence can be cross examined by CPS.
Defendant may well be called.
Has choice, statement from well of Court not under oath and cannot be cross examined or gives evidence under oath and can be cross examined.
Closing speech by Defence.
Magistrates may retire to consider their verdict.
Guilty pronounced.
Bench hears previous convictions,
Bench meters out punishment.
Not Guilty pronounced:-
Defendant discharged without stain on his character. Defence entitled to make a claim for their costs.
Guilty plea:-
Defendant called and identified
Charge read out
Plea taken
Guilty.
CPS read short statement of facts of offence.
Clerk will either read letter submitted by Defendant, or if he is present call him to give evidence either statement or on oath, or hear mitigation from defence solicitor if engagaged.
Bench hear previous cons and pronounces sentence.
If you use the Keyword - Procedure Magistrates Court - this will fetch up more in depth reading.
If anyone has spare time then a visit to the Public Gallery of a Magistrates Court that is sitting in very educational, informative and entertaining. Above all it is FREE... Well worth a visit.
dvd
>> Edited by Dwight VanDriver on Monday 6th March 16:00
Master of ceremonies is The Clerk of the Court that usually sits before and in front of the Magistrates and he guides and controls all.
Defendant called before the bench.
Identity confirmed.
Charge/s read out.
Plea taken.
Not Guilty :-
CPS outline case in opening speech.
Call witnesses and lead through their evidence.
Defence cross examine.
CPS confirm main point of their witnesses evidence if necesssary.
At the end of all prosecution witnesses now defence can do the same and call their witnesses, who after giving evidence can be cross examined by CPS.
Defendant may well be called.
Has choice, statement from well of Court not under oath and cannot be cross examined or gives evidence under oath and can be cross examined.
Closing speech by Defence.
Magistrates may retire to consider their verdict.
Guilty pronounced.
Bench hears previous convictions,
Bench meters out punishment.
Not Guilty pronounced:-
Defendant discharged without stain on his character. Defence entitled to make a claim for their costs.
Guilty plea:-
Defendant called and identified
Charge read out
Plea taken
Guilty.
CPS read short statement of facts of offence.
Clerk will either read letter submitted by Defendant, or if he is present call him to give evidence either statement or on oath, or hear mitigation from defence solicitor if engagaged.
Bench hear previous cons and pronounces sentence.
If you use the Keyword - Procedure Magistrates Court - this will fetch up more in depth reading.
If anyone has spare time then a visit to the Public Gallery of a Magistrates Court that is sitting in very educational, informative and entertaining. Above all it is FREE... Well worth a visit.
dvd
>> Edited by Dwight VanDriver on Monday 6th March 16:00
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