The Innocent and the Guilty

Imagine, if you can, that you have been arrested for something like shoplifting, or for dangerous driving, or for getting drunk and causing " a disturbance of the peace". You are in a Magistrates Court now.

You, " the accused", are in a kind of large, open box. The sides come up almost to your chin. it is on a raised platform almost in the centre of the court and is called " the dock". You are " in the dock". There are three 24

Magistrates " on the bench" in front of you. At least one of them is a woman They are also on a raised platform, at desks, side by side. In front of and below them there is another man. He is the " Clerk of the Court" and he, unlike them is trained in the law and is paid for his work. During your case he will, handle the administrative details and perhaps give advice to the Magistrates on legal points.

The case begins. The policeman who arrested you gives evidence.

He reads details from a small black notebook that he always carries. He tells the court when and why he arrested you, what you said, what he said and so on. Your solicitor questions, or " cross-examines" him. One of the Magistrates speaking for all three also asks questions. Other witnesses appear. Perhaps you yourself say nothing at all. You do not have to speak in your defense. " Everyone is innocent unless proved guilty". In other words, you do not have to prove that you are innocent. The police have to prove you are guilty.

At the end the Magistrates probably do not even go out of the court. They discuss your case in low voices in front of you. You try to hear, but cannot. Then the Clerk of the Court tells you to stand. The Magistrate who has done the talking for the others tells you whether they have found you innocent or guilty. He can sentence you to no more than six months in jail for one offence, to a maximum of one year for two or more offences or to a fine of 400 pounds.

More serious cases are heard in the Crown Court, where the Judge is always a legal expert and is also paid for his work. In the Crown Court you may, if you choose, be given a " trial by jury". Twelve ordinary people like yourself judge you. But the Judge himself always decides on the sentence.

Reporters for local newspapers often go to Magistrates' Courts; the next day articles appear in the paper and full names, ages, addresses and detail' of the case are given. Find such an article if you can from an English local newspaper. It will give you an idea of the kind of cases that can be tried in such a court.

1. What are the names of at least three offences (less serious than crimes for which people are tried in a Magistrates' Court?

2. What exactly is meant by " the dock"?

3. If you are " in the dock", what and who do you see is front of you?

4. If you are the accused, describe what these people will do during your case.

a) the policeman who arrested you

b) your solicitor

c) one of the three Magistrates

d) the other two Magistrates

e) witnesses

5.In what way, with regard to training and pay, is the Clerk of the Court different from the Magistrates?

6. What is the longest term a Magistrates' Court can sentence anyone to?

7. Where are more serious cases heard?