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we are the magistrates and we hear all theevidence in the case and decide whether the defendant isguilty or not guilty. it is for the prosecution to prove their case beyond allreasonable doubt otherwise we will dismiss it. traditionally there arethree magistrates. i'm the chair and will decide the case with my twocolleagues. if my two colleages can't agree, i will have the deciding vote. occasionally we may have to sit as a pair and thendecide the case between us. although we've had sometraining, we are not legal professionals


and we are not paid. magistrates hear all summary offences within theirjurisdiction. we can also hear triable either way offences where thedefendant has agreed that this can be case. if we believe that a trialis too serious we can refer the case up to the crown court. even after we have heard a case we can refer that case to the crown court if we believe that our sentencing powers are not sufficient. i'm the legal adviser to the justicesalthough you make still hear me referred to as the clerk of the court or themagistrates clerk


and i am legally trained. my job is toensure that everything runs properly and all the proper procedures are followed. i'll ask a defendant to enter a plea and i will ask witnesses to identify themselves. i will advise the magistrates on legal mattersand i will ensure that only admissible evidence is put before the court. if a defendant is unrepresented, i will advise them to ensure they get afair trial. i'm the usher and i ensure that allwitnesses have answered their summons. i'll fetch witnesses in when they're calledand administer the oath or affirmation.


when the witness is giving evidence i'll pass exhibits around the court. i can even fetch a glass of water for someone if they are thirsty. you'll hear me say all rise. i'm the prosecuting solicitor and i present the prosecution case. there are three things that i must proveto the satisfaction of the court; firstly that an offence has being committed, secondly that the defendant hascommitted the offence, and lastly that all the evidence has been gatheredin accordance with the correct evidence


gathering procedures. if i fail to do any of thosethings then the defendant is entitled to anacquittal. i will ask questions of prosecutionwitnesses to enable them to give evidence. i cannot ask leading questions orsuggest answers. obviously i can only present evidencethat has been gathered fairly. if there is a case to answer and the defence call witnesses, then ican cross examine those witnesses. remember, that prosecutors are only asgood as the evidence they are given.


i am the defence solicitor and it is my role to protect the interests of my client. i can challenge evidence that has notbeen gathered fairly in accordance with the police and criminal evidence act1984 and have that evidence excluded, if sorequired. if you have been fair, thorough, exercised your powerscorrectly and can account adequately for all youractions then there should be little for me to challenge. remember, it's not for the defence to win the case, but for the prosecution to lose it.













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