Criminal Courts

There are two main kinds of courts, and two kinds of judicial officers to correspond with them. Courts of first instance are presided over by magistrates, who are normally Justices of the Peace (JPs); higher courts ('crown' courts) by judges, or in some cases, senior barristers specially appointed to perform judicial functions for part of their time.

Magistrates' Courts

Every person charged with an offence is summoned to appear before a local magistrates' court, which may impose a fine up to a general lim­it of £2,000 or twelve months' imprisonment, though for some specified offences the laws prescribe maximum penalties below these limits. With 98 per cent of cases the magistrates on the bench decide on guilt or inno­cence, and if necessary what penalty to impose. With more serious cases the magistrates can decide only to send them for trial in a crown court. A person accused before a magistrates' court may demand to be sent for trial before a crown court in some of the more serious cases with which in general the magistrates could have dealt themselves.

A magistrates' court normally consists of three Justices of the Peace (occasionally, two or four or more). The JPs are ordinary but worthy cit­izens who have been appointed to their positions by the Lord Chancellor on the advice of local appointing committees. JPs have no formal qualifi­cations; they are chosen merely for their good reputation, often with the support of political parties or approved voluntary bodies. Once appoint­ed, they are expected to attend courses of instruction about their work. There are 28,000 JPs in England; each of them works in the court on about 30-50 days a year.