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Professional Training

Practice & Procedure in The Magistrates' Court

BPP Professional Education, In London (+1 locations)
Length
1 day
Price
502 GBP
Next course start
12 November, 2024 See details
Course delivery
Self-Paced Online
Length
1 day
Price
502 GBP
Next course start
12 November, 2024 See details
Course delivery
Self-Paced Online
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Course description

Overview

This course will deal with the practices and procedures concerning both offences and complaints in the Magistrates’ Court. The practices and procedures vary according to the nature of the offence under consideration. Indictable only offences must be sent to the Crown Court. Either-way offences may be tried in the Magistrates’ Court or the Crown Court – there will be a consideration of committals under the Sentencing Act 2020. Consideration will also be given to the amendments brought about by the Stalking Protection Act 2019, the Voyeurism (Offences) Act 2019, Assaults on Emergency Workers (Offences) Act 2018, the Policing and Crime Act 2017, the Offensive Weapons Act 2019 and the Criminal Justice and Courts Act 2015. There will also be a consideration of the 2020 Criminal Procedure Rules.


Who is this for?

This course will be of benefit to anyone attending the Adult Magistrates’ Court. It will also be hugely beneficial for anyone responsible for advising defendants or respondents who face proceedings in the Magistrates’ Court. Whether you are defending or prosecuting or advising the justices’ themselves; this course will give you a thorough grounding in the current practices and procedures in the Adult Magistrates’ Court.


What will you learn?

The following is just a sample of 12 items which will be considered during the course

  • Indictable only offences – Sending’s under Section 51 of the Crime and Disorder Act 1998
  • Written charges and requisitions and the Single Justice Procedure under the Criminal Justice and Courts Act 2015
  • Complaints in the Magistrates’ Court and how the practice and procedure of a complainant is materially different to that of the practice and procedure of an offence
  • Either-way offences – the procedure known as Allocation and Sending
  • Possible committals for sentence under what will be the new committal powers under the Sentencing Act 2020
  • Summary-only offences which must be dealt with in the Magistrates’ Court
  • Theft by way of low-value shoplifting – a very strange offence, procedurally
  • Either-way offences which the court may deem to be summary – low-value criminal damage – low-value damage (aggravated vehicle taking)
  • Ancillary Orders (including having to register as a sex offender in certain circumstances upon conviction under the Voyeurism (offences) Act 2019
  • The practice and procedure when a child or young person appears in the Adult Magistrates’ Court jointly charged with an adult
  • Case management – the hugely important Rule 3 of the Criminal Procedure Rules 2020
  • Knife Crime Prevention Orders under the Offensive Weapons Act 2019

PSC Elective

This course may be taken as a PSC elective, although it may also be attended by non-trainees.


SRA Competence

B, C

Other related courses

Advising At The Police Station - Core knowledge & Skills

Criminal Advocacy - Bail & Mitigation

Criminal Advocacy - Magistrates' Court Trials

Criminal Advocacy - The Youth Court

Essential Criminal Law

Road Traffic Law - A Practical Guide

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Upcoming start dates

1 start date available

12 November, 2024

  • Self-Paced Online
  • Online

Suitability - Who should attend?

This course will be of benefit to anyone attending the Adult Magistrates’ Court. Whether you are defending or prosecuting or advising the Magistrates’ themselves, this course will give you a thorough grounding in current practices and procedures. It will be of huge benefit to those people starting out and will also be of assistance to those who do not go to the Adult Magistrates’ Court very often and do not feel entirely confident in the Courtroom.

Training Course Content

By the end of this course you will be able to:Fully appreciate the practice and procedural differences when dealing with summary only offences, those which are triable either way and those which are purely indictableUnderstand which cases are likely to be kept by the Magistrates’ for sentencing purposes and those which are likely to be committed to the Crown Court for sentenceSpot the offences which do not fall into neat categories e.g. theft by way of shoplifting where the value is £200 or less, aggravated vehicle taking where the only aggravation is damage and the value of the damage is less than £5000, low value criminal damage casesSee where youths fit into all of this - a youth may appear in the Adult Magistrates’ Court because they are jointly charged with an adult or they are charged with offences arising out of the same circumstances as an adultDifferentiate between the sentences available (all sentencing options will be considered) and the ancillary orders available (all ancillary orders will be considered)Participate in Case Management in a meaningful way and have a sufficient understanding of what is required under the Criminal Procedure Rules 2015 in order to be effective in your advocacy even though you may have little or no evidence at the first hearingUnderstand what you are entitled to from the prosecution by way of evidence/unused material and the stage at which you become entitled to it in the Magistrates’ CourtMake a bail application/or oppose itMake a plea in mitigationHave a working knowledge of the latest Magistrates Court Sentencing GuidelinesAdvise fully in the area of creditUnderstand the roles of the various people in the Adult Magistrates’ Court

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