Notes

Advisory
Within this leaflet I have been advised to inform you with the knowledge behind each case.
This contains,
- Kelly (a)
- Neo (b)
- Jordan (c.)
Kelly's Case (a):
Kelly sent a threatening message to her boyfriend, 'If you weren't in the Cinema, I would get you.' meaning this would come under OAP, under section 16. Due to this case being under OAP(A), This is known as the Offence Against the Person's Act of 1861, it would be tried in a Magistrate's Court. This is because the charge would be known as a Summary Offence, and all Summary Offences would have to be tried in a Magistrate's Court.
In the Magistrate Court there would always be three JP's or Justices Of the Peace. These are also known as Lay Magistrates.
The Lead Magistrate is known as the ChairPerson and he/she is supported by two Winger's. The Presiding Justice who sits in the middle and is supported by the two wingers who are also Lay Magistrates. These Magistrates will decide whether a defendant is to be found guilty or not guilty and will pass the appropriate sentence if they find a defendant guilty. The Magistrates are supported by the Clerk of the Court who is the Legal advisor to the Magistrates. The Clerk of the Court only acts to give advice on points of Law to the Magistrates and also supports the Magistrates' with evidential papers which Counsel for the prosecution and Counsel for the defence might put in evidence to support their case. The Clerk of the Court is known as the Legal Personnel of the Court whereas the Law Magistrates are known as the Lay People in the Court because they are not, (Judges or Lawyers). Justices of The Peace although they are known as Lay People they do have a certain amount of training to help them carry out their legal duties.
The Defence Solicitor will advise the defendant on the case that they have been charged with at the Police Station and also, if need be, at Court whether it is going to be at the Magistrates Court or the Crown Court depending on the type of offence.
The Prosecuting Counsel, who essentially works for the CPS (Crown Prosecution Service) will bring the charge against the defendant into the Magistrates Court.
There are three types of Criminal Offences; Summary Offences, Triable Either Way Offences (TEW) and Indictable Offences.
All Criminal Offences will start in a Magistrates Court however if an offence is an Indictable Offence it will be transferred to a Crown Court.
In relation to Scenario One, being Kelly, in that she stated that If you weren't in the Cinema right now, i would ger you,' that could indicate that a charge could be brought against her by the Prosecuting Counsel who would be the CPS and a charge of Section 16 of the Offences Against The Persons Act of 1861 could be brought and that would be decided by the Magistrates Court. As stated above the role of the Magistrates would be that they would have to decide whether there is enough evidence to find her guilty and if so they would decide the sentence. Similarly the Clerk would read out the charge to the Magistrates and provide them with all the evidence that is needed. It will