HMCS Courts Charter - The Magistrates Court

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1 HMCS Courts Charter - The Magistrates Court The following information sets out the standard of service you can expect from any Magistrates Court in England and Wales. We have set these standards after talking to people who have used the court. We aim to provide an excellent, friendly service and when you come to court you can expect fair and equal treatment, no matter what your age, ethnic origin, disability, gender or religious beliefs. This Charter is about the administration of the court and not the decisions of the magistrates. You may be able to appeal to a higher court if you are unhappy about the outcome of your case. If you want to do so you should get legal advice. If you re coming to court When we ask you to come to court we will send you, or your solicitor: a map of how to get to court; a leaflet with details of public transport and any car parks near the court; confirm the times the court is open; information on refreshments, telephones, separate waiting areas etc; the name and phone number of the Customer Service Officer Caroline Rees ( ). Before the date of your hearing, you can: ask to visit a court room; ask us to arrange seats in the court room (if we can) for anyone who comes to your hearing with you. In many Magistrates Courts we have separate waiting areas for the youth court, family court, defendants and their witnesses and prosecution witnesses. Alternatively we will arrange the hearings to prevent contact between youth and adult proceedings, family and criminal cases. If you require an interpreter for the court hearing please inform the listings officer immediately upon receiving your documentation of a hearing date. If you have a disability and need help at your court hearing, please speak to the Customer Service (Disabled Persons) Officer who will tell you how we can help you. Please note that Smoking is strictly prohibited in any part of the building

2 The court building is normally open from 9am on days when there are hearings. The public counter or enquiry point is open from 10am to 4pm although locally some may be open for longer than this national minimum standard. When you visit you will find: courteous, polite, helpful staff wearing name badges; clear signs to help you find your way around; a duty solicitor is available when a criminal court is sitting information leaflets on display; a notice giving the name of the Customer Service Officer who will be pleased to help you with any special needs, suggestions or complaints. When you go to the public counter or enquiry point we will: respect your privacy; talk to you out of the hearing of other members of the public, if you prefer: use simple clear language and ensure all technical terms are explained deal with your question within 10 minutes; explain the delay if you have to wait longer You can call us between 9am and 5pm and we will: answer the phone promptly and helpfully; say who you re speaking to; give you a clear and helpful answer. When you write to the court, and we need to reply, we will: write to you or phone you within 10 working days; tell you who s writing and tell you how to phone them Court hearings Hearings are arranged as quickly as possible and for criminal cases we aim for: no more than 5 days between the start of proceedings against an adult and the first appearance in court no more than 7 days between the start of proceedings against a youth and the first appearance in a youth court. If we have to change the date of your hearing, we will let you know as soon as possible.

3 When You Arrive Be sure to notify the counter staff that you have arrived, so that they can ensure that you get to the right courtroom on time and, if you have come to give evidence, introduce you to the lawyer presenting the case. Once you have checked in, the court usher (who should be wearing an identity badge) will show you where to sit and wait and check that you arrive at the right court room for your case in time. When the magistrates (sometimes called the bench ) are ready to hear your case the usher will escort you into the courtroom, you should also listen out to hear whether you name is called out by the court clerk over the public address system if no usher is available. The Court Room When the usher calls you he/she will indicate where you should sit in the court room. You will see a number of people in front of you: Ushers Court Ushers prepare Courtrooms prior t o Court sittings. They can be asked to cover various types of Courts within the three sections:- Crown Court, County Court or Magistrates Court. Ushers receive Lists which need to be photocopied, prior to the files arriving by special courier box first thing each morning. These lists are then distributed within the Court precincts before and during sittings. The files for each Court are checked off and then placed in the Courtrooms ready for the start of business. Other things in the courtrooms to be checked to ensure everything runs smoothly are that stationery supplies are topped up, all microphones, televisions, DVD players, tapes, video facilities are working, maintained and ready for the day ahead. Ushers are aware of Customer service requirements and therefore know what facilities are available to assist our customers. These facilities are equipment and services such as hearing loops, duty solicitor scheme, witness service, fines machine etc. When People first arrive at the Courthouse, Defendants are booked into the appropriate Courtroom and asked for their Solicitor s name to ensure that they

4 can be quickly seen and be Court ready. Witnesses are supported by us in conjunction with Witness Services, separated from main foyers, especially where there may be children or any vulnerable witnesses, these people will have often visited the Courthouse and received a pre Court tour to allay some of their fears and make them feel more relaxed. Once Court starts Ushers are responsible for assisting the Legal Advisor/Judiciary by ushering in the defendants and witnesses, administering the oaths and operating all technical equipment in the courtrooms including TV, Video, DVD, Audio Tapes/Hearing Loops/Video Links. The Usher aims to run a smooth and efficient Court and attempts to ensure people are ready for court and no time is wasted. During Court time the Usher will assist with any administration like photo-stating files and reports as well as obtaining any missing paperwork. Ushers are aware of Courtroom protocol for the different types of hearings; that they have given a professional approach to their duties and that they have remained calm, polite and tactful under pressure during which are often difficult situations. The Magistrates ( the bench ) Magistrates sit, usually in threes but sometimes in twos behind a raised table facing the Court. Magistrates (also known as Justices of the Peace ) are members of the community in which they serve who are selected and trained to work in court as volunteers. They must be between the ages of 27 and 65 and have a specific interest in serving their community and although they receive expenses they are not paid. Magistrates are legally trained but not legally qualified. The Magistrates role is to listen to the cases before them and decide on the facts presented to them whether the defendant is guilty or not guilty. In order to make their minds up they will hear from the prosecution and from either the defence solicitor if there is one, or the defendant in person, about the facts surrounding the case. In most cases the magistrates will be able to come to their decision relatively quickly in public in the courtroom, where you will be able to hear how they have come to their decision, they may also need to ask questions to clarify matters, or call on a probation officer who is usually sitting in court. If the case is more complex they may decide to retire to their room behind the court to discuss their decision in private.

5 When they have come to their decision Magistrates will re- enter the courtroom and announce how the case will be dealt with. They may be able to proceed to sentence straightaway, by way of a fine, community or custodial service, or may decide that they need more background information in which case the case will be put over to another day for reports to be prepared. It is important to realise that many cases cannot be dealt with at first hearing and will need to be put to a later date for various reasons The Legal Advisor (also known as the Assistant Justices Clerk) The Legal Advisor sits in front of the magistrates bench usually on a slightly raised platform, like the magistrates he/she will sit facing the rest of the court, with their backs to the Crown. The Legal Advisor is legally qualified and his/her role is to advise the Magistrates on matters of law either in open court or when they retire (see above). Legal advisors are legally qualified and are able to assist the magistrates in matters of law and procedure. The advice which Legal Advisors give magistrates will be given in the open court, so that the people involved in the case and anyone watching can understand the reasons for the magistrates decision. Very occasionally, if the facts of your case are particularly complicated the Legal Advisor will go outside or retire with the magistrates. When this happens the magistrates or legal advisor will explain the advice that the magistrates received in private. When you first enter the court the Legal Advisor will ask you to identify yourself, if you are the defendant, and will read you the charges against you. If it is your first time in court he/she will take your plea. At various points during the proceedings the Legal Advisor will give advice both to the magistrates and the defendant. This advice may cover points of procedure, the range of penalties available to the magistrates and appropriate decision- making structures. The Legal Advisor also makes notes of all that is said in court and these can be referred to by the magistrates. If the defendant does not have a solicitor the Legal Advisor can also explain procedure and law to him/her, but cannot represent the defendant s interests in the same way that a solicitor acting can (a Legal Advisor has to remain impartial at all times, so as not to prejudice the result). Solicitors/ Barristers for the Defence and Prosecution

6 These people sit facing the magistrates in the front benches of the court. The prosecution solicitor or barrister is usually employed by the Crown Prosecution Service to prosecute the case against, and at various points in the proceedings you will he/she give the facts of the case and ask the bench to make various decisions, such as whether or not to award bail, whether or not to attach conditions to bail and suggestions on the length and type of penalty the defendant should face. The defence solicitor speaks for the defendant. It maybe that if you are a defendant you have engaged the services of a solicitor to advise you before you went to court or you may be using the services of the duty solicitor (see below) who is available at court to advise defendants on an ad hoc basis. Either way if you have a solicitor, you should have had a chance to talk to him/ her before the proceedings begin to discuss such matters as your plea and any matters which you want the Magistrates to take into account whilst considering your case (this is known as mitigation ). Your solicitor can also advise you as the case proceeds of what is happening and what the next stage is. He/ she also will speak on your behalf to the magistrates and may need to discuss points of law on your behalf with the prosecution and the Legal Advisor, this is all done in open court so that you can understand how your case is proceeding as it goes along. Duty Solicitors Each court has a duty solicitor who is on hand to help you with your case, if you are not already represented. The court ushers will be able to direct you towards the duty solicitor with whom you should try to discuss your case before you are called into court. This service is free to you and the solicitor will re- coup his costs by applying for legal aid. Due to a heavy demand for their services in court duty solicitors have to prioritise their work and priority will usually given to defendants with more complex cases. Duty solicitors usually cannot advise defendants in Road Traffic Courts, on second hearings and most non- criminal cases. Probation Officers A representative from the Probation Service usually sits behind the Defence and Prosecution solicitors and Barristers, he/ she is on hand to assist the Magistrates with any matters to do with community sentences and supervision orders and also to produce and order pre-sentence reports (see What Will Happen to My Case? below) Journalists and the Press

7 Journalists and press representatives often sit in court, (to the side) and report the proceedings of more interesting cases. If the defendant is a youth the magistrates will usually however begin proceeding by imposing a ban on any identification of the Defendant and this can also be done in other circumstances. What will happen with my case? If you are appearing in court for the first time you case will often be adjourned for the Crown prosecution Service to obtain a full file and to serve witness statements on you. Adjournments are also often necessary to find extra information and documents relevant to the case. However if you plead guilty at the first hearing, it may be that the magistrates feel able, in relatively simple case to proceed to sentencing. They may for example, impose a fine, a licence endorsement or community sentence straightaway. In more complex cases where there is a possibility of a custodial sentence the magistrates will usually adjourn for a pre-sentence report from the probation service, before proceeding to sentence. If you plead not guilty, a trial date will be set for your case to be heard and usually before this a pre-trial review date to ensure that all the information that is necessary in terms of witness statements and evidence is ready so that the trial can proceed smoothly. Legal Advice The legal system and language can be quite daunting for may people and it is wise to seek legal advice before you attend court if you are at all unsure of what the summons or charges you have been served with mean. If you have not had an opportunity to take legal advice before you reach court you may wish to speak to the duty solicitor before you go into court. The duty solicitor s advice is publicly funded and attendee s at court do not need to pay for it. Unfortunately the duty solicitor cannot advise on motoring offences. If you have not had a chance to speak to either your own solicitor or the duty solicitor you will find that the Legal Advisor (sometimes called the Clerk) can give you some advice during the courtroom proceedings, for example if the Legal Advisor is concerned that you have not understood the charges before you fully he/she may ask the magistrates to withdraw while he/she advises you, this is done so that your case is not pre-judged by the magistrates whilst you and the Legal Advisor discuss the details of your case.

8 Waiting at court You shouldn t have to wait more than 1 hour before you re called to give evidence as a witness. But delays can happen, for example, if the case before yours takes longer than planned. If you have to wait we will: tell you regularly how much longer you may have to wait; tell you as soon as possible, through the people who called you as a witness, if your case can t be heard that day. Our service for child witnesses We know that giving evidence in court can be very difficult for a child so we will: arrange to have any case involving a child witness heard as soon as possible; provide a Child Witness Liaison Officer to make sure everything runs smoothly; make sure that someone meets children and their companions when they come to court and takes them to a private waiting area away from the defendant; explain how we do things in court and answer any questions. Sometimes the judge or magistrate will let a child give evidence using a Video Link. If they do, we can arrange for the child to see the room and how the equipment works before the trial. If you want to know whether a Video Link may be used, please ask the lawyers involved in your case. Witness Service The Witness Service is run by the independent charity, Victim Support, and helps victims, witnesses and their families before, during and after the hearing. Trained volunteers give free and confidential support and practical information about how we do things in court. They ll normally get in touch with you before the court hearing to offer their help. The help they offer includes: arranging a visit to court before the hearing; arranging for someone to go into the court room with you if you have to give evidence; giving you the chance to talk over the case after it s ended and where to get more help or information.

9 If you d like help, or if you d like to volunteer for the Witness Service, you can contact them at your local Crown Court or write to them at: Vic tim Support National Office, Cranmer House, 39 Brixton Road, London SW9 6DZ Telephone: ema il: contact@victimsupport.org.uk website: Victim support Gloucestershire details are: Victim Support Gloucestershire Area Office 24, Cambray Place Cheltenham Gloucester GL50 IJN. Telephone vsgareaoffice@uk.uumail.com Website: x.php At court you will probably come into contact with people from the police, National Probation Service and Crown Prosecution Service. Although we aren t responsible for the services they provide, you can get information about them from the court. Crown Prosecution Service This organisation decides if crimes investigated by the police should go to court. If they do, the CPS is responsible for the prosecution case. You can contact them at: Crown Prosecution Service 50 Ludgate Hill, London EC4M 7EX Telephone: e mail: enquires@cps.gsi.gov.uk website: Gloucestershire Crown Prosecution Service 2 Kimbrose Way,

10 Gloucester, Gloucestershire GL1 2DB Tel: Fax: Authorities such as the HM Revenue & Customs Service can also bring prosecutions. Please ask our staff for more details. National Probation Service National Probation Directorate Home Office, Horseferry House, Dean Ryle Street, London SW1P 2AW website: Gloucestershire Probation Service Gloucestershire Probation Headquarters, Bewick House, 1 Denmark Road, Gloucester GL1 3HW Telephone Fax Website: Legal Aid You may be able to get legal aid to help pay your legal fees. You can find out by contacting: The Legal Services Commission 85 Grays Inn Road, London WC1X 8TX Telephone: webs ite: The Local Office details are

11 Legal Services Commission South Western Regional Office Queen Square Bristol BS1 4LU Tel: Fax: Community Legal Service The CLS will provide information on where you can obtain the type of legal advice you need. Telephone: website : Citizens Advice Bureaux Give free, confidential, impartial and independent advice on a wide range of subjects. The phone number and address of the local office will be displayed in the Court. website: Cheltenham, Cirencester & Tewkesbury CITIZENS ADVICE BUREAU 14 ROYAL CRESCENT, CHELTENHAM GL50 3DA Telephone: FAX: advice@cheltenhamcab.org.uk Gloucester Citizen s Advice Bureau Eastgate Street, Gloucester GL1 1PN Telephone: Fax: Advice Line: bureau@gloucestercab.cabnet.org.uk Listening to you We welcome your comments on how we could improve our service to you. We do this by: asking you to fill in comment cards; carrying out local surveys; paying attention to comments, complaints and suggestions; displaying information about our performance;

12 displaying details in court waiting areas of complaints and suggestions we ve used to make improvements; displaying results of local surveys and changes we plan to make because of them. If you have a complaint, please tell us as soon as possible. and we will do our best to sort out the problem there and then. If you re still not happy, you can spe ak to the Customer Service Officer or Court Manager. If you prefer, you can write to the Court Manager of the court in question. We aim to resolve and respond to the complaint, giving you a full answer within 5 working days. If you d like a complaint form, please ask one of the court staff. For more information visit our website at We welcome suggestions and compliments too. Whilst we can investigate complaints about how a magistrate behaved in court we can t investigate anything to do with their judgment, their assessment or a case or overturn their decision. Complaints about the personal conduct of magistrates should be sent in writing to your local Advisory Committee at: F.A.O. The Justices Clerk Gloucestershire Advisory Committee HMCS Gloucestershire nd 2 Floor, Southgate House Southgate Street Gloucestershire GL1 1UB Your letter should include the name of the magistrate and court, your case number and the hearing date. All letters must include specific details of the conduct about which you are complaining. Although we can t look into complaints about solicitors, barristers or any other organisation, you may find these addresses useful: Solicitors Consumer Complaints Service, The Law Society, Victoria Court, 8 Dormer Place, Leamington Spa, Warwickshire CV32 5AE

13 Helpline: Textphone: Fax: lawsociety.org.uk website: Barristers If you d like a complaint form please write to: The Complaints Commissioner, The General Council of the Bar, Northumberland House, High Holborn, London WC1V 7JZ Telephone: Fax: complaints@barcouncil.or g.uk website: Police Independent Police Complaints Commission (IPCC), 90 High Holborn, London WC1V 6BH Telephone: enquires@ipcc.gov.uk website: Gloucestershire Police Headquarters: Gloucestershire Constabulary, No.1 Waterwells, Waterwells Drive, Quedgeley, Gloucester, GL2 2AN Telephone the Constabulary website:

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