Magistrates' Courts Act 1980: Key Powers and Procedures

Introduction

The Magistrates' Courts Act 1980 (MCA 1980) consolidates the rules and procedures for magistrates’ courts in England and Wales. It brings together criminal and civil practice, sets out how cases begin and progress, and clarifies the role of court officials (now commonly referred to as legal advisers, previously justices’ clerks). As the starting point for most criminal cases, magistrates’ courts rely on this Act for day-to-day running, from issuing summonses and managing trials to sentencing, appeals, and civil enforcement (including council tax and some family matters).

What You'll Learn

• What magistrates’ courts deal with in criminal and civil work under the MCA 1980
• How either-way offences are allocated and when defendants can choose jury trial
• The core sentencing powers available to magistrates and when cases go to the Crown Court
• Time limits for bringing summary cases and how cases are started
• Key procedural tools: witness summonses and warrants
• Appeal routes (Crown Court appeal, case stated) and the power to re-open cases
• How magistrates’ courts handle council tax and selected family proceedings
• Practical steps for preparing, conducting, and reviewing cases

Core Concepts

Jurisdiction and Case Types

• Summary offences

  • Heard only in the magistrates’ court.
  • Typical examples: most motoring offences, common assault, low-value criminal damage.
  • Six‑month time limit generally applies to starting proceedings (MCA 1980, s127), unless another statute says otherwise.

• Either-way offences

  • Can be tried either in the magistrates’ court or the Crown Court.
  • There is a structured process for plea before venue and allocation (under provisions in the MCA 1980, including ss 17A–21, as amended over time).
  • If magistrates accept jurisdiction, a defendant may choose Crown Court trial with a jury.

• Indictable-only offences

  • Always go to the Crown Court for trial.
  • Initial appearances are in the magistrates’ court for administrative matters such as identity, representation, and, where relevant, bail.

• Starting proceedings

  • Proceedings commonly begin by written charge and requisition or by issuing a summons or warrant (MCA 1980, s1).
  • For some minor summary offences, the Single Justice Procedure (SJP) allows a single magistrate to decide the case on the papers (MCA 1980, s16A, as inserted by later legislation).

Tip: Always check whether a specific statute sets a different time limit or procedure, especially in regulatory or road traffic cases.

Mode of Trial and Allocation

• Plea before venue

  • The defendant is asked to plead to an either‑way charge before allocation.
  • A guilty plea keeps the case in the magistrates’ court unless the court considers its powers insufficient and commits for sentence.

• Allocation decision

  • If the plea is not guilty, the court considers allocation.
  • Factors include seriousness, complexity, whether connected cases are going to the Crown Court, and sentencing powers.
  • If the court considers the case suitable to remain, the defendant can still elect jury trial in the Crown Court.

• Practical notes

  • Defence and prosecution should be ready to address guideline seriousness, likely sentence, and case management needs.
  • Proper allocation saves time and reduces the risk of later transfer.

Sentencing Powers and Limits

• Typical custodial limits

  • For a single imprisonable offence, magistrates generally have power to impose up to six months’ imprisonment.
  • For more than one either‑way offence sentenced at the same time, the aggregate can be higher where statute allows.
  • If powers are thought insufficient, the court may commit to the Crown Court for sentence.

• Non-custodial outcomes

  • Conditional or absolute discharge.
  • Fines (with assessment of means).
  • Community orders with requirements such as unpaid work, rehabilitation activity, curfew, or programme attendance.
  • Compensation, costs, and ancillary orders (e.g., restraining orders where applicable).

• Bail and case management

  • Bail decisions at first appearance are common in magistrates’ courts; the tests are set by the Bail Act 1976.
  • Magistrates can impose conditions to manage risks of absconding, offending on bail, or interference with witnesses.

Civil Jurisdiction and Enforcement

• Family matters

  • Magistrates’ courts deal with certain family proceedings (e.g., maintenance orders, some parental responsibility issues) subject to specific statutory schemes and Family Procedure Rules.

• Council tax and other liabilities

  • Local authorities can apply for liability orders to recover unpaid council tax through the magistrates’ court.
  • The court considers evidence of liability and arrears and may make orders enabling enforcement (e.g., attachment of earnings, distress where permitted by law).

• Practical enforcement tools

  • Warrants of control and other enforcement methods are available under the relevant statutory regimes and procedural rules.

Appeals and Case Review Mechanisms

• Appeal to the Crown Court (MCA 1980, s108)

  • From conviction and/or sentence in the magistrates’ court.
  • Usually a full rehearing before a Crown Court judge and magistrates (no jury).
  • The Crown Court can confirm, reverse, or vary the decision and adjust sentence within the magistrates’ powers.

• Case stated to the High Court (MCA 1980, s111)

  • For alleged errors of law or excess of jurisdiction.
  • The magistrates state a case for the opinion of the High Court (King’s Bench Divisional Court).

• Re-opening cases (MCA 1980, s142)

  • Magistrates can set aside or vary a conviction or sentence to correct a mistake when it is in the interests of justice.
  • Useful where a defendant was convicted in absence due to an error, or new information shows the decision should be revisited.

• Time limits and procedure

  • Appeals to the Crown Court are usually lodged within 21 days of sentence.
  • Applications for case stated must be made promptly (time limits apply).
  • Re-opening applications should be made without delay with clear reasons and supporting material.

Key Examples or Case Studies

• Either-way theft case at first appearance

  • Scenario: A defendant charged with theft from a shop attends the magistrates’ court.
  • Steps: Plea before venue; if not guilty, the court considers allocation. The value, planning, and previous record guide seriousness. If suitable for summary trial, the defendant can accept that or elect Crown Court trial with a jury.
  • Outcome: If tried summarily and convicted, sentencing stays within magistrates’ limits unless committed to the Crown Court for sentence.

• Witness fails to attend

  • Scenario: A key eyewitness ignores a witness summons.
  • Steps: The court can issue a warrant for the witness’s arrest (MCA 1980, s97) if satisfied the summons was properly served and attendance is necessary.
  • Outcome: The witness is brought to court to give evidence, supporting a fair hearing for both sides.

• Council tax liability order

  • Scenario: A local authority applies for a liability order against a householder with unpaid council tax.
  • Steps: The authority proves the amount due and liability. The defendant may raise recognised defences (e.g., not liable person, amount already paid).
  • Outcome: If granted, the order allows further enforcement action in line with regulations.

• Appeal to the Crown Court after a summary conviction

  • Scenario: After a conviction for common assault, the defendant appeals conviction and sentence.
  • Steps: File the appeal within the usual 21‑day window. The Crown Court hears the case afresh, calling witnesses again if needed.
  • Outcome: The Crown Court may confirm, quash, or vary the conviction/sentence within the statutory powers of the magistrates’ court.

• Re-opening under s142

  • Scenario: A defendant is convicted in absence due to a court record error showing the wrong address for service.
  • Steps: Apply to the magistrates’ court to re-open the case under s142 with proof of the error.
  • Outcome: The conviction is set aside and the case is re‑listed so it can be heard properly.

Practical Applications

• Before the first hearing

  • Check the six‑month limit for summary offences (s127) and whether any exceptions apply.
  • Confirm how the case commenced (summons, requisition, SJP) and whether service was valid.
  • Prepare on bail: risk factors, suitable conditions, and community ties.

• Allocation and plea

  • Be ready with submissions on seriousness and suitability for the magistrates’ court.
  • If magistrates accept jurisdiction, advise defendants clearly on the choice between summary trial and Crown Court jury trial.
  • Use the sentencing guidelines to forecast likely outcomes and whether committal for sentence may be needed after a guilty plea.

• Evidence and attendance

  • If a witness is reluctant or fails to attend, consider a witness summons and, where necessary, an arrest warrant (s97).
  • Organise exhibits and disclosure early; summary trials move quickly.

• Sentencing in the magistrates’ court

  • Gather means information for fines and compensation.
  • Consider community order requirements that meet offending behaviour and proportionality.
  • Where the likely sentence may exceed magistrates’ powers, invite committal for sentence.

• Appeals and reviews

  • Diary the usual 21‑day time limit for a Crown Court appeal and identify grounds promptly.
  • For points of law, consider case stated (s111) or judicial review where apt.
  • Use s142 to correct genuine errors without the formality and delay of an appeal.

• Civil work

  • For council tax applications, ensure accurate schedules of arrears and proof of billing.
  • Check jurisdiction and procedural rules for any family applications in the magistrates’ court.

Summary Checklist

• Identify offence category: summary, either‑way, or indictable‑only
• Confirm time limits (s127) and validity of service (s1 and related rules)
• Address bail at once, with clear proposals and risk management
• Follow plea before venue and allocation steps; record any election for jury trial
• Check magistrates’ sentencing powers and consider committal where appropriate
• Manage witnesses: summonses and, if needed, warrants (s97)
• Note appeal routes and deadlines: Crown Court (s108), case stated (s111)
• Consider re‑opening where a mistake affected the outcome (s142)
• For civil matters, confirm statutory basis, evidence, and enforcement route

Quick Reference