Magistrates’ Courts Criminal Practice combines authority and practicality, providing step-by-step advice on a vast array of court procedures from cautions and commencements through to appeals, including a thorough treatment of the law and practice of evidence as it relates to the magistrates’ courts.

Magistrates’ Courts Criminal Practice has been described as providing ‘razor sharp analysis’, ‘clarity’ and ‘ease of reference’, enabling practitioners to ‘check the essential legal features surrounding the case before the court with the minimum of fuss’.

In addition to the authors’ commentary, there is a comprehensive selection of up-to-date statutes, statutory instruments, rules, practice directions and other materials.

Uniquely, there is a section setting out the elements of over 150 offences, providing the statutory definitions and relevant case-law, and over 100 procedural guides provide a step-by-step summary of the main procedures supported by references to the legislative framework and case-law.

Magistrates’ Courts Criminal Practice has been fully updated for 2012 to include:

• the full text of the latest version of the Criminal Procedure Rules 2011 with commentary
• relevant parts of the Criminal Case Management Framework, essential for practitioners in the light of the ‘Stop Delaying Justice!’ initiative, which are interleaved within the Criminal Procedure Rules
• the most recent version of the Sentencing Guidelines, including assault, burglary and drugs
• all significant legislative and case-law developments

Magistrates’ Courts Criminal Practice is written by a team of advocates and court officials, making this a work by practitioners for practitioners.

General Editor:

Alessandro Roveri
Solicitor and Deputy Justices' Clerk, Devon and North Devon Magistrates Court

Contributors:

Juan Batchelor Solicitor, Senior Legal Adviser, HM Courts Service, Wiltshire,
David Chidgey Barrister, Albion Chambers
Matthew Donkin Barrister, Zenith Chambers
Anesh Pema Barrister, Zenith Chambers
Christopher Rose Barrister, New Court Chambers
Richard Ward LLB Solicitor, Emeritus Professor of Public Law, De Montfort University
Nicholas Wattam LLB Solicitor, Deputy Clerk to the Justices, HM Courts Service, Thames Valley; Deputy District Judge (Magistrates’ Courts)

Part I: Procedural Guides
Deals with the procedure of the court in 18 major sections, ranging from commencement of proceedings to sentencing and enforcement. The law and practice under each heading is explained through commentary and over 100 procedural guides. Relevant forms are also included.

Part II: Elements of the Offence
A comprehensive and easy-to-use reference guide to over 150 of the main offences.

Part III: Statutes
All relevant statutes are reproduced, in amended form, and annotated by the expert team of editors.

Part IV: Statutory Instruments
All relevant SIs appear in amended form, annotated by the expert team of editors.

Part V: Practice Directions

Part VI: Codes of Practice and Guidelines

Follow this link for a full content listing (PDF)

Previous Edition Reviews

"The Key word here is 'clarity' - ever a necessary but too often a rare attribute when it comes to legal texts - but evident in abundance in this comprehensive and authoritative volume recently published by Jordans."
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

"For clarity, ease of reference and razor sharp analysis, this book is essential for any criminal practitioner"
John Cooper, Criminal Law & Justice Weekly

"A book compiled by practitioners for practitioners. In providing clear procedural guides, backed up by statutory and case law references, and outlines of the elements of common offences (not to mention available defences), it allows advocates, Assistant Justices' Clerks and others whose work takes them into magistrates' courts to quickly check the essential legal features surrounding the case before the court with the minimum of effort. This is a book that succeeds in simplifying often complex issues, contributing to the drive for speedy justice, and it will prove an invaluable companion on the often tortuous road to understanding"
Chris Armstrong, President Of The Justices' Clerks' Society And Clerk To the Justices In Cumbria

"thorough and well-presented, covering all the substantial areas of criminal work...very readable"
Solicitors Journal

"a sound investment"
New Law Journal

"an excellent navigational aid ... for practice and procedure. ... an essentail work of reference for all practitioners who routinely deal with cases in the magistrates' courts"
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

I begin this Introduction with a farewell: I would like very much to thank David Brewer, former Justices’ Clerk forWiltshire, for his tireless efforts as Editor of the Magistrates’ Courts Criminal Practice ever since the first Edition was published in the year 2000. David is now enjoying his well deserved retirement.

2012 begins with the roll-out of the ‘Stop Delaying Justice’ initiative. The advent of this has, in my experience, met with some criticism that the courts will endeavour to progress cases at all costs (particularly with regard to the entry of a plea at first hearing). But there are delays in the criminal justice system and some of those are unnecessary, unconscionable and – in the parlance of the case law – a scandal. That the first Criminal Procedure Rules enacted in 2005 changed the landscape of criminal proceedings is well documented in a number of authorities. However, for some inexplicable reason the Overriding Objective and case management principles clearly set out in those Rules are, as appeal cases seem to reveal, still overlooked despite representing the will of Parliament. Nothing contained in the Stop Delaying Justice Initiative obviates the need for courts to act fairly; parties who have understood and complied with their responsibilities under Parts I and III of the Criminal Procedure Rules 2011 and advocates who can place before the court a real and compelling reason to, eg, adjourn a case may expect, I would hope, not to encounter any adverse decisions as a result of the Initiative.

One needs only to pick up a newspaper, or turn on the television and radio to appreciate the on-going challenges faced by the criminal justice system in terms of financial and resource pressures. Despite this, changes on which practitioners will need to keep abreast will no doubt be encountered in the coming twelve months.

The Sentencing Council has also been very active, and this edition of the Magistrates’ Courts Criminal Practice carries the most recent available version of the guidelines applicable to Magistrates’ Courts (so as to include sentencing offences of assault, burglary and drugs). It is anticipated that guidance on sentencing cases involving dangerous dogs will be published later in 2012.

Legislation which impacts on a number of aspects of the Criminal Justice system is also likely to be published, if not enacted, by the end of 2012.

As a final act of recognition to David Brewer I would like to echo some of his words in the Introduction in the 2011 Edition of this work: I hope that in stating the law as at 1 February 2012 this edition of Magistrates’ Courts Criminal Practice will assist practitioners in facing the challenges of the coming year.

Alessandro Roveri
Torquay
February 2012

Changes in our substantive law and changes in our procedure are the hallmark of this first decade of this new century. The Magistrates Courts are at the very heart of these changes. So far the changes have made the law more complex rather than simpler, but at last attention is being given to the problems that arise from making what should be a summary procedure so complex.

The Magistrates Courts must be able to ensure that the cases that come before them are dealt with as speedily as possible as is consistent with the interests of justice. This can be achieved through firm application by the court of the procedural code that is now in effect. A first hearing should, save in unusual circumstances be the occasion for a plea, and in the event of the case proceeding to trial, the next hearing should be the trial.

This objective can be attained by the application of the principles of case management. One of the most important principles involves first identifying the issues relevant to the offence with which the defendant is charged and which have to be proved and then ensuring there is clarity about those that are agreed and those that are disputed. The future conduct of the case can then be carried out in a speedier, more focussed and economical manner.

A clear understanding of the procedural code and of the myriad of statutory provisions is a necessary part of the realisation of this objective. It is not possible otherwise to deal swiftly and firmly with points that might at first sight have some semblance of technical legalism, but which on analysis, are in fact without merit.

I therefore welcome a textbook that sets out with clarity the main areas of practice and procedure of the criminal jurisdiction of the Magistrates Courts. In applying any of these provisions, it is always wise to bear in mind the overriding objective set out in the Criminal Procedure Rules “that criminal cases be dealt with justly”.

Lord Justice Thomas
Senior Presiding Judge for England and Wales
March 2007

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