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The Magistrates' Courts Act 1980 [1] (c. 43) is an act of the Parliament of the United Kingdom. It is a consolidation act. [3] It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the act sets out provisions in relation to the courts' criminal ...
Magistrates are assisted in court by a legal adviser who is a qualified solicitor or barrister who will ensure that the court is properly directed regarding the law. They will see that the court's business is dealt with efficiently, and will keep a full and accurate record of the proceedings.
The words "the Crown Court" were substituted for the words "a court of assize or quarter sessions" by section 56 of, and paragraph 34(3) of Schedule 8 to, the Courts Act 1971. See section 48(1) of the Criminal Justice Act 1967. Section 72A(2) was amended by section 103(1) of, and paragraph 14 of Schedule 6 to, the Criminal Justice Act 1967.
Local councils have powers to make byelaws under various Acts of Parliament. The power to make byelaws "for the good rule and government" of their area, granted by the Local Government Act 1972, appears to be very sweeping, however this power is greatly limited by the restriction that it cannot be used in connection with anything already covered under other legislation.
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.
A justices' clerk had the powers of a single magistrate, for example to issue a summons, adjourn proceedings, extend bail, issue a warrant for failing to surrender to bail where there is no objection on behalf of the accused, dismiss an information where no evidence is offered, request a pre-sentence report, commit a defendant for trial without consideration of the evidence and give directions ...
This time limit does not apply to either-way offences tried summarily. However, any time limit for such an offence imposed by statute binds the magistrates' court as it would a Crown court. In Scotland, the time limit for a summary offence (regardless of which court tries it) is six months, unless an enactment sets a different time limit.
In the past, magistrates have been responsible for granting licences to sell alcohol; [9] this function is now exercised by local councils, although there is a right of appeal to the magistrates' court. Magistrates are also responsible for granting orders such as search warrants to the police and other authorities.