Her Majesty's Court Service (Crown and Magistrates' Courts)

 

Her Majesty's Courts Service (Crown Court)


Her Majesty's Court Service (HMCS) is an Executive Agency of the Department for Constitutional Affairs (DCA) and Lincoln Combined Court is part of this Service. The court is part of the Midlands Group of Courts. It has five courtrooms on two sites and employs approximately 40 staff.

Purpose:

The purpose of Her Majesty's Court Service is the delivery of justice. It is responsible for running the civil, family and criminal courts in England and Wales and provides a service to the judiciary and court users to ensure its impartial and efficient operation. .

Objectives:

  • To improve the delivery of justice in criminal courts, with particular regard to the interests of victims, witnesses and defendants.
  • To improve the delivery of justice in the civil courts and ensure that disputes are resolved in a way proportionate to the issues at stake.
  • To improve the delivery of justice in the family courts, with particular regard to protecting children and the vulnerable.

Aims of the Department for Constitutional Affairs:

  • To ensure effective delivery of justice
  • To provide a fair and effective system of civil and administrative law
  • To reduce social exclusion
  • To protect the vulnerable
  • To work in partnership with the independent judiciary


Performance Targets:

Each government department have set targets known as a Public Service Agreement which represents a pledge to the public about improving services and provides a clear statement of priorities and how success will be measured.

                  

The Crown Court:

The Crown Court hears the serious criminal offences and is based at the Castle in Lincoln and works closely with other Criminal Justice System partners and stakeholders such as the Police, Magistrates' Courts, Prosecution, Defence, Youth Service, Probation and the Prisons. The Crown Court deals with cases ranging from serious motoring offences, theft, assault, supplying drugs and murder. Approximately 650 cases are dealt with annually, as well as sentences and appeals that are sent up from the Magistrates' Courts.

The County Court:

The County Court deals with matters such as civil proceedings to recover debt, land and bankruptcy. It also deals with matters relating to divorce and family proceedings. Most civil actions concern disputes between individuals or companies.

For more information visit:
www.hmcourts-service.gov.uk and www.dca.gov.uk

Her Majesty's Courts Service (Magistrates' Court)

Magistrates' courts are a key part of the criminal justice system and 95% of cases are completed there. In addition magistrates' courts deal with many civil cases e.g. family matters and gaming. For over 600 years Justices of the Peace have held courts in order to punish law breakers, resolve local disputes, keep order in the community and hear appeals against certain local authority decisions such as the granting of licenses.

Cases in the magistrates' courts are usually heard by a panel of three magistrates (Justices of the Peace) supported by a legal adviser. The magistrates are collectively called a Bench and are assigned to a Local Justice Area but have a national jurisdiction pursuant to the Courts Act 2003.

Magistrates are appointed by the Crown (retiring at the age of 70). They are not paid but may claim expenses and an allowance for loss of earnings. They come from all walks of life and do not usually have any legal qualifications. There are around 30,000 in England and Wales. They undergo a substantial amount of training supervised by the Judicial Studies Board. Specialist Magistrates also sit in the Youth Court to deal with 10 to 17 year olds.

In addition, there are also about 130 District Judges. District judges in magistrates' courts are required to have at least seven years experience as a Barrister or Solicitor and two years experience as a Deputy District Judge. They sit alone and deal with more complex or sensitive cases e.g. cases arising from Extradition Act, Fugitive Offenders Act and Serious Fraud. Until August 2000 these District Judges were known as Stipendiary Magistrates, but were renamed in order to recognise them as members of the professional judiciary.

Magistrates cannot normally order sentences of imprisonment that exceed 6 months (or 12 months for consecutive sentences), or fines exceeding £5000. In cases triable either way (in either the magistrates' court or the Crown Court) the offender may be committed by the magistrates to the Crown Court for sentencing if a more severe sentence is thought necessary.

For more information visit:  http://www.magistrates-association.org.uk/ or http://www.cjsonline.gov.uk/the_cjs/how_it_works/magistrates_court/index.html

 

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