Advisory Committee
Members of Advisory Committees and Sub-Committees are appointed by the Lord Chancellor, following an interview and a recommendation from an Advisory Committee Appointments Panel.
The South Tyneside Committee is made up of 12 members, two-thirds of which are magistrates and the remaining third are non-magistrates, i.e. committed members of the public who take part in all Committee Meetings and Candidate Interviews.
The Committee works within guidelines set out by the Lord Chancellor and they are called 'Directions'.
Adult Crime
- All criminal cases commence life in the Magistrates Court however more serious offences such as murder, robbery and rape will ultimately be dealt with at the Crown Court.
- Initial decisions have to be made about bail, legal aid and whether the case should be adjourned.
- Some people plead not guilty and a trial will be held, some people plead guilty.
- The magistrate has to decide what sentence is appropriate and what sentence is permitted by law.
- Examples of sentences are:
- Fines
- Community service
- Imprisonment
- Probation Orders
Private Prosecutions
Some private authorities other than the Crown Prosecution Service will prosecute individuals for criminal offences, for example:
- NEXUS prosecute Metro offences.
- The Department of Social Security prosecute benefit fraud.
- TV Licensing prosecute television owners with no TV license.
Road Traffic
Magistrates deal with a wide variety of road traffic offences ranging from:
- Speeding
- Illegal parking
- Serious dangerous driving cases
- Drink driving matters
Some offences attract penalty points, others carry mandatory disqualification.
Fines and Fines Enforcement
The vast majority of offences are dealt with by way of a fine.
- The maximum fine a magistrate can order is £5000
- Fines can be paid immediately
- If fines are not paid, ultimately a prison sentence can be imposed for the default
Youth Court
The Youth Court deals with offenders under the age of 18.
Specific sentencing powers and restrictions apply to youths.
This is a busy Court and Magistrates are specially trained to sit as Youth Panel Magistrates
Family Court
A Magistrates’ Court has concurrent jurisdiction with the County Court on matters involving children, i.e. about where a child lives or how a non-custodial parent can see their child.
Family magistrates also deal with:
- Local Authority Care
- Proceedings
- Adoptions
- Non-School Attendance
Family Magistrates are specifically trained to sit on family cases.