93-511: The Thames Magistrates' Court is a magistrates' court in Bow , London , England. It is located near the Bow Road tube station The Thames Magistrates' Court is part of His Majesty's Court System . The court has been mentioned in these news articles: 51°31′38″N 0°01′25″W / 51.5272°N 0.0236°W / 51.5272; -0.0236 This article related to English law
186-422: A grand jury ), which requires the court to consider whether there is a case to answer based upon statements and exhibits submitted to the court. If the charge is an either-way offence, the "allocation" procedure is carried out. In this procedure, defendants must indicate what plea to the charge would be. If the defendant indicates a plea of "not guilty", or declines to indicate a plea, the court hears an outline of
279-456: A probation officer. Either way offences can be dealt with either by the magistrates' court or in the Crown Court. There will be a hearing to decide on venue, where there will be an outline of the case from both prosecution and defence. The guideline is whether, taking the prosecution case at its most serious, the court believes that a magistrates' court has sufficient powers of sentence. If so,
372-508: A solicitor or barrister to represent them, often paid for by legal aid . There are magistrates in other common-law jurisdictions. The current magistrates' courts are a continuation of the system of courts of petty session . Magistrates also previously presided in quarter sessions , but the abolition of these in 1972 removed the need for the distinction. In London the Middlesex Justices Act 1792 ( 32 Geo. 3 . c. 53) created
465-414: A youth court . They have the power to impose a sentence of youth detention known as a detention and training order (DTO) for a period of up to two years. Some civil matters, including non-payment of council tax, are heard by magistrates. Family proceedings may be held before specially trained magistrates in family proceedings courts within magistrates' courts. Modern magistrates' courts are based on
558-487: A case to the High Court, ie. they will be asked to provide a written summary of the case which can then be challenged by the aggrieved party. Upon considering the matter, the High Court may reverse, affirm, or amend the determination in respect of the case that has been stated. It may also remit the matter back to the magistrates' court or the Crown Court with advice to be considered. Judicial review may be considered if
651-533: A centuries-old office of the justice of the peace , so named for their responsibility for guarding the Queen's or King's peace . Justices of the peace (JPs), more commonly referred to as magistrates , are trained volunteers appointed from the local community; the nature of their role means that it is not necessary for them to be legally qualified, but they do have the assistance of a legally-qualified adviser in court. JPs require intelligence, common sense, integrity, and
744-534: A decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980 . All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months imprisonment, and/or an unlimited fine. Indictable only offences , on
837-537: A few assistants. During John Fielding's time as a magistrate, the Bow Street office seems to have been open for most of the day and for most days of the week, even when Fielding was not himself in the office, and there was always a so-called 'ordinary' to whom one could report offences also during the night-time. One of the main activities carried out by clerks and assistants in the office was to collect and record information about offences and offenders, therefore creating
930-482: A financial penalty; a community order, which must include at least one of twelve possible conditions (such as supervision, unpaid work, curfew, treatment programmes for issues such as domestic violence or sexual offending, drug and alcohol rehabilitation, etc.); or custody (either immediately or as a suspended sentence). The majority of sentences are non-custodial. For either-way offences, if the magistrates feel that their powers of sentencing are insufficient, they can send
1023-704: A messenger who wanted to report a crime. This was encouraged by the promise of a reward to the messenger (usually a shilling) and of a paid advertisement in one or more papers of the stolen goods. Fielding believed strongly in the importance of a rapid spread of information and therefore advertising was very important to his policing strategy. Of course, this included also the advertising of the activity carried out in Bow Street, as well as exhortations to victims to report offences and any kind of information on criminals and stolen goods. In case of robbery or other serious offences, Bow Street officers were immediately involved and dispatched. The success of their detection work and of
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#17330857970041116-434: A party believes that a court has acted in excess of its jurisdiction, that there has been a breach of natural justice, or if a decision or reasoning is Wednesbury unreasonable, ie. it is irrational. Other circumstances may also apply, but typically in a judicial review a challenge is being made to the lawfulness of a decision or action made by a public body. Middlesex Justices Act 1792 The Bow Street Runners were
1209-694: A power to take over a private prosecution, under section 6(2) of the Prosecution of Offences Act 1985, either to continue or discontinue it. It is, however, CPS policy to exercise this power only if the prosecution should be stopped because it does not meet the requirements of the Code for Crown Prosecutors, or there are important reasons why the prosecution should be pursued by the CPS. Defendants may choose to represent themselves, and usually do so in minor cases such as road traffic offences. However, defendants may be represented by
1302-546: A professional and effective force. Bow Street Runners was the public's nickname for the officers although the officers did not use the term themselves and considered it derogatory. The group was disbanded in 1839 and its personnel merged with the Metropolitan Police , which had been formed ten years earlier but the London metropolitan detective bureau trace their origins back from there. The Bow Street Runners are considered
1395-399: A search. Otherwise, they would have had to seek such assistance, although in practice there was not any impediment to their working wherever their enquiries took them, as some accounts from 1756 show that they pursued suspects into Hertfordshire , Bedfordshire and even to Bristol . Fielding's policing system relied very much on the information provided by informants, to whom were directed
1488-577: A separate system of courts presided over by magistrates, staffed with constables – based on the Bow Street Runners . These became known as police courts. In criminal matters, magistrates' courts (formerly known as a police courts in London, and petty sessions elsewhere) in England and Wales have been organised to deal with minor offences in a speedy manner. All criminal cases start in the magistrates' court and over 95 per cent of them will end there – only
1581-581: A solicitor or a barrister. In most magistrates' courts there will be a duty solicitor available to advise and possibly to represent any defendant who does not have their own solicitor. Proceedings in magistrates' courts are oral and open to the public – exceptions exist for the protection of victims (e.g. rape cases) and in youth courts. When defendants first appear before a magistrates' court, they will do so in one of three circumstances. They will either appear on bail having been charged with an offence and compelled to attend court under penalty; in response to
1674-438: A sort of criminal database that could turn useful to officers in their investigating activities. Fielding believed that a national system of criminal information circulating throughout not only the metropolis of London but also the entire country would ensure that offenders would be arrested and brought to justice; moreover, anyone contemplating an offence would be deterred from doing so. In addition, he introduced innovations at
1767-422: A summons or requisition, which requires attendance but does not, in the first instance, carry any penalty for non-attendance; or in custody, having been refused bail by the police. Defendants on bail must first surrender to the custody of the court. Whichever the circumstance, the first requirement is for defendants to identify themselves to the court. Once the court is satisfied as to the identity, it must consider
1860-522: Is a stub . You can help Misplaced Pages by expanding it . This article about a London building or structure is a stub . You can help Misplaced Pages by expanding it . Magistrates%27 court (England and Wales) In England and Wales , a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters . Some civil law issues are also decided here, notably family proceedings . In 2010, there were 320 magistrates' courts in England and Wales; by 2020,
1953-431: Is automatically granted unless the court believes there is a chance the defendant will either abscond, reoffend during the bail period, or interfere with witnesses or the case in general. Juvenile justice deals with criminal offences by young people, who have reached the age of criminal liability (ten years old), but are not yet adults (have not reached 18). These cases are heard by specially trained magistrates sitting in
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#17330857970042046-503: Is often complemented by some kind of programme or treatment, offering a helping hand to offenders, and engaging them at the same time – ending a drug habit, coping with a mental illness, skills and qualifications for work, and more. Also, the judge (or magistrate) may issue orders with rules such as curfew, restraining orders (cannot go near their victim, for example) and many others. During serving of community sentences, similarly to suspended sentence, offenders usually will be supervised by
2139-469: 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 Crown Prosecution Service (CPS) is an authority responsible for prosecuting cases (traditionally, in the name of the queen or the king), once the police have completed their investigation. A relative novelty in English criminal proceedings,
2232-480: Is underpinned by the principles of "local justice" and "justice by one's peers". District judges (magistrates' courts), formerly known as stipendiary magistrates, are paid judges, employed by the Ministry of Justice. They sit alone and have the same authority as a fully-constituted bench of magistrates. District judges will often hear cases where there is complex legal argument and where a ruling may be required regarding
2325-484: Is widely spread throughout the area covered and drawn from all walks of life. Police officers, traffic wardens , as well as their close relatives will not be appointed, nor will those convicted of certain criminal offences including recent minor offences. All new justices of the peace undergo comprehensive training before sitting. There is a mentoring program to help guide new appointees. Mentors are magistrates with at least three years' service. The training, delivered by
2418-527: The Despard Plot . In 1792, Parliament did pass legislation that introduced some reform to the system, the Middlesex Justices Act 1792 ( 32 Geo. 3 . c. 53) which contained two elements of the 1785 bill: one was the establishment of public offices where magistrates monopolized the administration of criminal law throughout the metropolis, and the other was the increase in the powers of the police. The Act
2511-543: The Home Department in 1782, therefore allowing the administration of criminal law to receive more focused attention than before. In time, this office would provide a centre to deal with all the aspects of criminal administration. In 1782 it also supported the new Bow Street Foot Patrols . Eventually, in 1785, the Home Department attempted to introduce and pass ' A Bill for the further Prevention of Crimes, and for
2604-624: The Judicial College , covers the necessary law and procedure required for their role. They continue to receive training throughout their judicial career, and are appraised every four years, every two years for a Presiding Justice, to check that they continue to remain competent in their role. Additional training is given to justices choosing to sit in the Youth Court or those dealing with family matters. New JPs sit with mentors on at least six occasions during their first eighteen months. Justices of
2697-553: The RSPCA or the BBC in its capacity as the TV licensing authority. Private individuals are also entitled to bring a private prosecution – this happens most commonly where an individual is an alleged victim of common assault and the authorities have declined to prosecute. Private prosecutors can either represent themselves, or they may instruct a solicitor or barrister to represent them. The CPS retains
2790-510: The law enforcement officers of the Bow Street Magistrates' Court in the City of Westminster . They have been called London 's first professional police force . The force originally numbered six men and was founded in 1749 by magistrate Henry Fielding , who was also well known as an author. His assistant, brother, and successor as magistrate, John Fielding , moulded the constables into
2883-408: The 300 district judges sitting in magistrates' courts in England and Wales. The senior district judge holds the title chief magistrate, but has no responsibility for justices of the peace. The chief magistrate is also responsible for hearing the most sensitive or complex cases. Magistrates are assisted in court by a legal adviser who is a qualified solicitor or barrister who will ensure that the court
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2976-589: The Bow Street Runners. His Runners were not dissimilar to the thief-takers, but differed from them in their formal attachment to the Bow Street magistrates ' office and in being paid by the magistrate with funds from central government. They worked out of Fielding's office and court at No. 4 Bow Street, and did not patrol but served writs and arrested offenders on the authority of the magistrates, travelling nationwide to apprehend criminals. Henry Fielding's work
3069-490: The Bow Street office that would have a great effect on the first procedures of criminal prosecution. Fielding created a court-like setting that could attract and accommodate a large audience for his examinations of suspected offenders, opened and available for the public for long and regular hours. In doing so, he turned the office from being the mere house of a magistrate to being the Bow Street Magistrates' Court in which several justices were employed in rotation in order to keep
3162-603: The CPS was established by the Prosecution of Offences Act 1985 . Since its creation in 1986, it is the principal, though not the only, body that can bring a case to a criminal court in England and Wales. A minority of cases are prosecuted by other law enforcement agencies, such as English local authorities , Welsh local authorities , the Department for Work and Pensions or the Health and Safety Executive , or private prosecutors such as
3255-423: The Crown Court, however magistrates also have the right to send the case to the Crown Court if at any time they consider that their sentencing powers are likely to be insufficient. In the magistrates' court, cases are usually heard by a bench of three (or occasionally two) justices of the peace , or by a district judge (magistrates' court) . Criminal cases are usually, although not exclusively, investigated by
3348-476: The Crown Court. The procedure for appeals to the Crown Court is governed by the Criminal Procedure Rules (CrimPR) Part 34. A defendant can appeal to the Crown Court against conviction or sentence. If the appeal is against conviction then the hearing is de novo, that is, it is a complete rehearing of the original trial. The Crown Court panel will normally consist of a Judge (either a Judge of
3441-403: The Crown Court. If the court decides the case is not suitable for summary trial then it will send the case forthwith to the Crown Court. There are four mechanisms under which a decision of a magistrates' court may be challenged: If the defendant thinks that the decision was wrong they can ask the court to reconsider the sentence or conviction. This may be because the defendant thinks that there
3534-477: The Fielding brothers had a financial interest. In late 1753, the government approved Fielding's proposal and established an annual subvention of £200, that allowed Fielding not only to support the advertisement and the Bow Street officers but also to maintain a stable group of clerks who kept detailed records of their activities. A new kind of magistrate's office and policing activity was therefore established; after
3627-523: The High Court , a Circuit Judge , a Recorder or a qualifying judge advocate ), and a minimum of two Justices of the Peace (Magistrates) , none of whom must have been previously involved in the decision under appeal. The Judge will preside over the proceedings and direct the Court as to the relevant law, but all panel members have an equal say regarding the final decision or verdict. If the panel cannot all agree on
3720-611: The Home Office and to the financial resources at their disposal, regulated by an informal agreement with the Treasury rather than by legislation, therefore increasing the policing resources available. This made it possible for the government to use the Runners and the patrolmen as they thought necessary, increasing their range of investigation, that now included more engagement with threats to national security and social disorder, as can be seen by
3813-520: The Metropolitan Police as soon as possible and, although this report was not enforced, their conclusions were taken up and expanded by another committee in 1837. The reports of these committees were enacted into law as a renewal of the Police Act in 1839 and, in doing so, made the Runners at Bow Street redundant. Bow Street's involvement in a case began quite simply with the arrival of a victim or
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3906-449: The apprehension of offenders relied on the rapid collection and communication of information about the crime committed and on the descriptions of the offenders. Officers could go out on their own initiative to investigate an offence, as essentially they were hired by the victims to give them help. Most victims were expected to pay the expenses of the investigation and to offer a small reward for information as well. They would also have to face
3999-517: The arrest. As a result, the state set a reward to encourage citizens to arrest and prosecute offenders. The first of such rewards was established in 1692 of the amount of £40 for the conviction of a highwayman and in the following years it was extended to burglars , coiners and other forms of offence. The reward was to be increased in 1720 when, after the end of the War of the Spanish Succession and
4092-440: The authority over the activity of the Runners and was mainly concerned to bring Bow Street's finances under control. The Bow Street magistrates' effective loss of authority over the activity of the Runners and the government's concern to control costs meant that the funds for the office were much diminished in the 1830s. In 1834, a parliamentary committee recommended that the Bow Street men and constables should be incorporated with
4185-471: The capacity to act fairly. They are selected by a local advisory committee and only recommended to the Lord Chancellor for appointment if they can demonstrate the six key qualities required of a judicial office holder, these are: (a) good character, (b) commitment and reliability, (c) social awareness, (d) sound judgement, (e) understanding and communication and (f) maturity and sound temperament. Membership
4278-467: The case is suitable for summary trial or whether to decline jurisdiction and send the case to the Crown Court – what is called the allocation decision. The court must have regard to both its sentencing powers and also any legal, procedural and factual complexity which may make the case unsuitable for summary trial. If the court finds the case suitable for summary trial then the defendant is asked whether he consents to trial or whether he will elect for trial in
4371-406: The case to the Crown Court, who can impose a more severe sentence. Often the point is to achieve restorative justice (compensation of victims of crime) and reformation of the offenders. These alternative punishments are called community sentences. A community sentence usually includes "community payback", which is a requirement to carry out between 40 and 300 hours of unpaid community service . This
4464-465: The case will be accepted, and a date will be held for a subsequent hearing in a magistrates' court – otherwise the case will be sent to the Crown Court, as with Indictable offences below. Indictable only offences are very serious crimes and must be sent to the Crown Court. For all cases, excluding murder , the magistrates will decide whether the defendant is to be released on bail or remanded into custody. In law in England and Wales, unconditional bail
4557-403: The charges. If the charge is a summary offence , the court will generally expect a plea to be taken. If the plea is one of "not guilty", the court will fix a date for trial, taking into account the number and availability of the witnesses. In the event of a plea of guilty, the court will hear the facts of the case from the prosecution and mitigation from the defence, then consider sentence. For
4650-494: The commitment of felons to trial continued to erode with the expansion of the patrol and the creation of new police offices from 1792. By the early 1820s, Bow Street was responsible for just over 10% of the accused felons being committed to trial at the Old Bailey. After 1815, the Runners' most regular employment was to respond to help requests from prosecutors outside London. These were likely cases in which their skill and experience
4743-416: The concept of the metropolis as a unified district and a central command overseeing many policing divisions was completely new. In addition to the reform of the structure of the London policing forces, the bill included clauses aimed at the prevention of crime, such as giving police preventive powers to search and arrested on suspicion. An example is when they arrest Colonel Edward Despard , for provoking
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#17330857970044836-645: The consequent rise of criminal offences, the government offered £100 for the conviction of a highwayman. Although the offer of such a reward was conceived as an incentive for the victims of an offence to proceed to the prosecution and to bring criminals to justice, the efforts of the government also increased the number of private and unofficial thief-takers , who would solve petty crime for a fee. Thief-takers became infamously known not so much for what they were supposed to do, catching real criminals and prosecuting them, as for "setting themselves up as intermediaries between victims and their attackers, extracting payments for
4929-414: The death of Henry Fielding in 1754, it was carried on by his brother John, who had overseen the whole project and was to further expand and develop it over the following years. When Henry Fielding died in 1754, he was succeeded as Magistrate by his brother Sir John Fielding , who had previously been his assistant for four years. Known as the "Blind Beak of Bow Street", John Fielding refined the patrol into
5022-474: The defendant returns to court for sentence, the bench will consider the report along with any mitigation put forward by the defendant before passing sentence. On each occasion that a defendant appears before the court, the issue of bail must be addressed. Defendants may be released on bail, which is an order of the court compelling a defendant's future attendance, which may have conditions attached to it where such conditions are considered necessary either to ensure
5115-434: The defendant's future attendance, prevent the commission of further offences, or prevent the obstruction of justice. If the court decides that no conditions exist which could achieve these objectives, the court may remand the defendant in custody until the next hearing. When an either-way offence is to be tried at the Crown Court, magistrates are responsible for committal to the Crown Court (a task in former times dealt with by
5208-683: The end of a period of war (in this case the American Revolution ) and the consequent return in the country of many soldiers and sailors, who were now out of a job. The second factor was directly linked to the first and concerned the issue of transportation to the American colonies, which had been established in 1718 and begun the principal sanction imposed on convicted felons. The loss of the American territories resulted in convicts piling up in inadequate jails, as they continued to be sentenced to transportation, without an actual destination. The government
5301-401: The entire metropolis, and also beyond London itself. To facilitate the reach of the office, Fielding was named in the commissions of the peace of Kent , Essex and Surrey , in addition to those of Middlesex and Westminster. That meant that the Bow Street officers did not have to seek the assistance of local magistrates in the counties surrounding London in order to make an arrest or carry out
5394-404: The excessive costs. Nevertheless, two 'pursuit horses' were maintained to send officers to patrol roads from time to time. The patrol activity of the Bow Street officers is an indicator of a fundamental characteristic of the Bow Street policing system, which is its undefined geographical range. In fact, the officers were not restricted to a particular area of the city but were able to operate across
5487-460: The expenses of an eventual trial, even though if the offender was convicted they would have had the right to receive financial compensation from the court. Later, as a response to the numerous reports of attacks by footpads and highwaymen, Fielding decided to send some men to patrol the squares of Westminster and the highways leading into the city, also on horseback from 1756, though by 1766–67 horseback patrolling had been sharply curtailed, due to
5580-533: The facts from the prosecution and representations from the defendant or his representative, and then determines whether the case is suitable for summary trial or not. The court will decline jurisdiction to try the case if it decides that the sentencing powers of the magistrates' court are likely to be inadequate to deal with the case. The grand jury system, which still exists in the United States, has been abolished in England and Wales. Instead, magistrates now perform
5673-434: The fewer and fewer accounts of Runners giving evidence in trials at the Old Bailey. In the new century, crime rates diminished in the metropolis, therefore the contribution of the Runners to the policing of property offences decreased considerably; they continued to investigate offences in London, but not as actively as they had before. Their incomes from London crime diminished as the position that Bow Street had once held in
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#17330857970045766-617: The first British police force. Before the force was founded, the law enforcing system was in the hands of private citizens and single individuals with very little intervention from the state. A police force like the Maréchaussée already present in France would have been ill-suited to Britain, which saw examples such as the French one as a threat to their liberty and balanced constitution in favour of an arbitrary and tyrannical government. The enforcement of
5859-403: The first truly effective police force for the capital, later adding officers mounted on horseback , and remained chief magistrate of Westminster until his death in 1780. As soon as he was appointed, John Fielding examined the activity of the Bow Street office and the issues that needed to be addressed; the financial contribution from the state was still in place, so his pamphlet focused mainly on
5952-522: The government, the men at Fielding's service were left relying on the rewards issued by the state after an offender's conviction and by private citizens in order to retrieve their stolen goods. It is also true that many of the original Runners were also serving constables, so they were financially supported by the state. Nevertheless, the problem persisted and, in 1753, Fielding's initiative came close to failing when his men had stopped their thief-taking activity for some time. A way out of this situation came in
6045-405: The grand jury's functions of indicting those accused of offences which need to be tried by a jury and sending them to the Crown Court for trial. In the case of offences which are indictable only, no plea is taken and the case is sent forthwith to the Crown Court. When dealing with either-way offences, and after the defendant has indicated a plea, it is the role of the bench to decide whether
6138-568: The initial £200 to £400 in 1757 and to £600 by 1765, as Fielding managed to persuade the Duke of Newcastle, now First Lord of the Treasury , of the increasing costs of an active policing and advertising, as well as of the need of recruiting a permanent clerical staff for the office. The administration of the funds was left largely in Fielding's hands. He provided payments to six officers, for investigating and attempting to apprehend offenders, and occasionally to
6231-417: The latter. Therefore, Fielding wrote a number of pamphlets to justify the activity of thief-taking; he argued that the legitimacy of this activity had been undermined by the actions of a few (see for example Jonathan Wild ) and that, in fact, thief-takers performed a public service where the civil authorities were weaker. Another step towards the legitimation of the activity of the Bow Street Runners concerned
6324-445: The law then was mostly up to the private citizens, who had the right and duty to prosecute crimes in which they were involved or in which they were not. At the cry of 'murder!' or 'stop thief!' everyone was entitled and obliged to join the pursuit. Once the criminal had been apprehended, the parish constables and night watchmen , who were the only public figures provided by the state and who were typically part-time and local, would make
6417-480: The law. A minimum of five years' legal experience is required for those seeking appointment. They are distinct from the County Court district judges. District judges (MC) are referred to as "District Judge" or "DJ" in court, addressed customarily "Sir" or "Madam" and addressed in correspondence with, for example, "District Judge (Magistrates' Courts) Tuff". The senior district judge is responsible for leadership of
6510-438: The lawfulness of an arrest made by an ordinary citizen. Fielding made clear that constables were not the only ones to have the right to make an arrest, but under special circumstances – such as with a warrant issued by a magistrate – also private citizens could act against a suspected criminal and arrest them. Another problem that Fielding had to face was that of the economic support of the Runners; without any direct funding from
6603-506: The legacy of his predecessor, Sir Thomas de Veil , Fielding turned Bow Street into a court-like setting in which to conduct examinations. However, his reformed method was not limited to his magisterial activity in Bow Street; it was also extended outside of the magistrate's office. In fact, since 1749–50 Henry Fielding had begun organising a group of men with the task of apprehending offenders and taking them to Bow Street for examination and commitment to trial . Such an organised intervention
6696-430: The magistrates collectively as "Your worships". In writing, they are referred to as "John Smith, JP", for justice of the peace. The other magistrates are known as "wingers". All three magistrates contribute equally to the decision-making, and carry equal authority, but the presiding justice will speak on their behalf in open court. The magistracy is an ancient institution, dating in England from at least 1327. The role
6789-547: The more speedy Detection and Punishment of Offenders against the Peace, in the Cities of London and Westminster, the Borough of Southwark, and certain Parts adjacent to them ' , which was meant to provide a measure of central control over the many police forces across the metropolis but failed to do so. Some elements were derived from the existing institutions, particularly Bow Street, but
6882-446: The most minor offences where the appropriate sentence is a fine or discharge, this will usually follow immediately after a plea of guilty. However, where the offence is more serious and may justify a community-based penalty or imprisonment, the case will usually be adjourned for the probation service to interview the defendant and prepare a pre-sentence report in which a recommendation as to the most appropriate sentence will be made. When
6975-418: The most serious offences go to Crown Court. Summary offences are the least serious criminal offences. They include driving offences, vandalism, criminal damage of low value, low-level violent offences and being drunk and disorderly. This kind of "lesser" criminality will be dealt with in summary proceedings at a magistrates' court, where the defendant is tried, and if convicted is sentenced by, justices of
7068-419: The need to tackle violence and highway robbery in particular. At the beginning, Fielding shared his office with Saunders Welch , an energetic former grocer elected High Constable of Holborn. Eventually, the government agreed to establish a separate magistrate office from which Welch could operate, leaving Fielding as the dominant presence in Bow Street. Over the years, the government subvention raised from
7161-418: The office open for long hours every day. This process of transformation was further amplified by Fielding's success in encouraging the London press to attend and provide their readers with a weekly report on his activity. Just after John Fielding's death in 1780, the crisis of the administration of criminal law renewed itself, primarily for three different factors. The first was the rise in crime rates because
7254-485: The officers working in Bow Street, which would have allowed these men to extend their policing activities well beyond the simple thief-taking. The other purpose was to advertise the activity of the Bow Street office and to encourage private citizens to report crimes and provide information about offenders; the advertisements would be published in the Public Advertiser , a paper in which, as some critics have pointed out,
7347-475: The other hand, are serious crimes (e.g. rape, murder); if it is found at the initial hearing of the magistrates' court that there is a case to answer, they are committed to the Crown Court , which has a much wider range of sentencing power. Either-way offences are matters that can be dealt with either in the magistrates' court or in the Crown Court. Defendants have the option to elect for their case to be heard in
7440-438: The peace or a district judge (magistrates' court) . No formal indictment is necessary. The maximum sentencing powers of magistrates' courts are 12 months imprisonment and/or an unlimited fine. Some driving offences are punished by endorsement ( licence points ) and/or disqualification from driving for a period of time. There are four types of sentence available to the magistrates – a discharge (either conditional or absolute);
7533-413: The peace are unpaid appointees, but they may receive allowances to cover traveling expenses, subsistence and loss of earnings for those not paid by their employer while sitting as a magistrate, up to £116.78 a day. A justice of the peace may sit at any magistrates' court in England and Wales, but in practice, they are appointed to their local bench, a colloquial and legal term for the local court. Justices of
7626-403: The peace will normally sit as a panel of three, with two as a minimum in most cases, except those cases dealt with under the single justice procedure . Many are members of the Magistrates' Association , which provides advice and training and represents magistrates. The lead magistrate, known as the presiding justice (PJ), should be addressed in court as "Sir" or "Ma'am" or "Your worship", and
7719-610: The police and then prosecuted at the court by the Crown Prosecution Service . Some uncontested minor criminal matters (for example, road traffic offences, TV licensing matters, train fare evasion etc) can be dealt with by a single justice of the peace under the single justice procedure . In the criminal court, individual magistrates have equal sentencing powers to district judges and deliver verdicts on both “summary” and “either way” offences that carry up to twelve months in prison, or an unlimited fine. Defendants may hire
7812-414: The return of stolen goods and using the threat of prosecution to keep offenders in thrall". Some of them, such as Jonathan Wild , became infamous at the time for staging robberies in order to receive the reward. Magistrate Henry Fielding decided to regulate, regularise, formalise and legalise the thief-takers' activity due to high rates of corruption and mistaken or malicious arrests, therefore creating
7905-543: The same year, when the government lamented spending too much money on rewards with no apparent decrease in the crime rates. At this point, the Duke of Newcastle, the secretary of state at the time, asked Fielding for advice, which he presently gave. The document that Fielding presented to the government revolved around the activity of the Bow Street officers; Fielding's suggestion included that he be given more money in addition to his own magistrate's stipend for two main purposes. The first was, of course, to offer economic support to
7998-473: The verdict and/or sentence, then a majority decision prevails. If the defendant or the prosecution believe that the magistrates' or District Judge (Magistrates' Court) , or the Crown Court on appeal, made an error in law, then they can appeal to the High Court by case stated. This is governed by the Criminal Procedure Rules (CrimPR) Part 35. The magistrates' court or the Crown Court will be asked to state
8091-424: Was a manifestation of the move towards increasing professionalisation and state control of street life, beginning in London. Thomas Pelham-Holles, 1st Duke of Newcastle turned to Henry Fielding for help. Fielding had become a Westminster magistrate in 1748 and in his house in Bow Street, Covent Garden , he had started a kind of magisterial work that was different from anything that had been done before. Taking up
8184-499: Was a serious error in law, or that the court did not follow the right steps. If a defendant did not know about their case before a decision was made then they can make a statutory declaration before the magistrates' court. If accepted, the magistrates may agree to start the proceedings again and set aside the original judgement. If a defendant disagrees with the decision made by the Magistrates' court then they would need to appeal to
8277-415: Was carried on by his brother Justice John Fielding , who succeeded him as magistrate in the Bow Street office . Under John Fielding, the institution of the Bow Street Runners gained more and more recognition from the government, although the force was only funded intermittently in the years that followed. It served as the guiding principle for the way that policing developed over the next 80 years. Bow Street
8370-523: Was forced to find either an alternative destination for convicts sentenced to transportation or an alternative sanction. The third factor concerned the events that took place in London in June 1780, known as the Gordon Riots during which the authorities lost control of the streets of the city. Those events highlighted the weakness of London policing and magisterial system. The government responded by establishing
8463-409: Was mainly based on the model presented by the Bow Street office and on Fielding's conception of the magistrate and of how to deal with crime, therefore leading to the replication of the Bow Street structure throughout London. Under the new legislation, the Bow Street office maintained a privileged position among the other offices of the metropolis, due to the closer relationship of its magistrates with
8556-453: Was needed, according to Fielding, because of the difficulties and reluctance of private citizens to apprehend criminals, especially if those were part of a gang — reluctance largely caused by the fear of retaliation and by the extremely high costs of the prosecution that would have to be paid by the victim of the crime. This activity, however, was very similar to the thief-takers' enterprise and, as such, it could have been considered as corrupt as
8649-477: Was thought to be useful in investigating offences in the provinces. After the Metropolitan Police Act 1829 , which established the Metropolitan Police , the policing responsibilities of the Bow Street magistrates were very considerably diminished. The Bow Street patrol was gradually absorbed into the new police force and Bow Street was left with only the Runners. Even then, the Home Office held much of
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