The court of magistrates as a court of criminal inquiry : an in-depth analysis

Abstract

The Court of Magistrates as a Court of Criminal Inquiry is at the foundation of our judicial system. It being conferred with the powers and authority to decide as to whether there are sufficient grounds to put the person charged on trial by indictment or otherwise, it is very often the first step before all other criminal proceedings. This Court forms part of the Court of Magistrates which as the law clearly outlines has a twofold jurisdiction, namely, the Court of Magistrates as a Court of Criminal Inquiry and the Court of Magistrates as a Court of Criminal Judicature. As a result of various amendments the position at law of the Court of Criminal Inquiry was strengthened and its competence was extended considerably to the extent that it is now a fundamental and pivotal component of our judicial system. Furthermore it gains greater weight when taking into consideration that the main aim of this Court is to safeguard the fundamental human rights and freedoms of the person charged, mainly those to a fair trial and of personal liberty. This thesis aims at presenting a detailed picture of the workings and of the vanous peculiarities pertaining to this Court and which in turn make it distinct from the other Courts. The thesis starts with an introduction that sheds light on the aim of this thesis, the sources analysed and the methods used. By way of necessity Chapter One deals with the historical background of this Court as this gives a better insight and a greater understanding of the position of this Court as it stands today. This chapter impart an analysis of the various amendments that took place throughout the years and which contributed to shape the Court in the way it is at the present day. The main players involved in this Court and their respective idiosyncratic roles are analysed in the Second Chapter. Chapter Three presents an evaluation of the specific functions pertaining to the Court of Criminal Inquiry whilst Chapter 4 gives an analysis of the committal proceedings in England. Chapter 5 evaluates the main points tackled throughout this thesis and highlights those areas in want of reform. This chapter criticises certain aspects, which compose the Court of Magistrates as a Court of Criminal Inquiry, and suggests possible amendments with the aim of bringing this Court to function more harmoniously.