As I mentioned before, Magistrates court involves a panel of
usually three civilians that sit up front where our judge would sit and are the
triers of fact and triers of law. The court room itself is quite a bit
different than those in the United States. The defendant is locked behind a
glass section on the right hand side of the room whether they have been
remanded in jail or have been out on bail. The prosecutor and defense solicitor
sit beside each other on the right side of the room, but just left to the glass
divider where the defendant sits. Just in front of the solicitors is a legal
advisor which is a person that gives legal advice to the three magistrates
making sure the decisions they make are legal. On the left hand side of the
room is a probation officer. In the back there is a section that is also
blocked off by glass for the public to sit. The glass has slits in it so you
can hear what is going on. It is really important to be super quiet because the
rooms are so small that everyone can hear absolutely everything.
We got the opportunity to listen to three different cases.
The first was a gentleman that was remanded in jail and he had over 90 offenses
on his record. We missed the beginning, so I never figured out what he had
done. The gentleman only received four weeks imprisonment for what he had done.
Keep in mind he had over 90 offenses before this one. In the United States his
sentence would have been much longer than four weeks.
The next case was another gentleman that was accused of
stealing a 5c IPhone off of a train. He plead not guilty. The Magistrates court
is the lowest court here which is equivalent to our District Court. The
magistrates here can decide whether or not they feel they are qualified to hear
the case in the Magistrates Court or whether they should refer it to the Royal
Court. This is the next court up. The magistrates said they could handle the
case but the defendant gets to choose whether to keep their case at the
Magistrates Court or bump it up. He chose to bump it up.
The last case was really interesting. It dealt with a girl
that was 24 and she was accused of assaulting 5 police officers in the same
day. She scratched one, spit at two officers, punched another, and head-butted
the fifth officer. This girl was a teeny
tiny girl and it was hard to picture her being able to do all of this. The girl
actually was sitting back in the back with us at one point and was happy and
giggly. Then she was called to go to the glass box and her demeanor changed.
She even started crying during the hearing and they gave her some water and
tissues. The girl plead guilty on all accounts. Come to find out, she was
suffering from Bulimia, Anorexia, and a mental disorder. She had a period of
four weeks where a report would be filed with the probation officer to find out
what punishment would be suitable for her. They left it open so she could get
imprisonment, community work, or as little as a fine.
We also got to see a case that the defendant didn’t show up
and the Judge extended the trial. We didn’t get to see much because the
defendant wasn’t here. I did notice that the Judge was way more efficient that
the three magistrates because he is legally trained and knows more about the
law.
The differences in the Magistrates Court from our courts
were amazing. It was really great to see the differences in person rather than
just learning about them and not being able to actually see it happening.
Hmmmm...they must be very cautious, compared to the U.S. about safety in the courtroom. Prolly not a bad thing....although IDK how often criminals or suspects have actually assaulted lawyers in the courtroom here!
ReplyDeleteNEAT!! Sounds like some Interesting Cases!! So the one hat chose to move up, isn't it going to be even HARDER for him to Prove if he moves up!!?? THANKS for sharing and have a FABULOUS WEEK!! =)
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