Viewing Magistrates Records Online

Nicki

That sounds really odd to me. There won't be a transcript of what was said in court. I don't think magistrates courts audio record at all, but even where proceedings are (audio)recorded, the transcripts are not typed up unless someone specifically requests it, and then there is a charge for this.

S8 Magistrates Court Act restricts by law what can be reported of this kind of hearing, and if you are right that it was a plea hearing which has been committed to the Crown Court, all which should have been reported was the name and address of the defendant, the charge, the fact he pleaded guilty, the name of the court and magistrates, the name of the lawyers and whether bail was or wasn't granted.

leccyblue

I have looked at incourts daily but it only covers crown courts, not magistrates.


Thanks again Nicki. Sadly we only have to go on what is reported in the paper. I am going to PM you the links to get your feedback - but obviously I'd appreciate it if the personals aren't shared here.

Nicki

Thanks for the PM leccyblue. I've replied in more detail by PM, but for others, what has happened so far is what's known as a Newton hearing. The facts will probably be aired again in open court at the sentencing in the Crown Court.

See here for more details: http://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-hearing.htm

BigAunty

fabforty wrote: »

OP says that they have already pleaded guilty.

Yes, but the OP is seeking 'proof' to present to their friend, something in black and white, something from a legal perspective when it's clear the Magistrate's info is fairly restricted and not the way to go.

I don't know at which stage it would start getting recorded on that register but it might also unearth that they've done this on multiple occasions. The type of offence they've pleaded guilty to is the type of offence with a high recidivist rate so perhaps this enquiry could unearth the type of evidence the OPs friends needs to come to terms with.

kaya

Oh Lordy, I hope the child is ok? It's not surprising though as the road I grew up in harrow has about 100 properties (I'm 45 now).four convicted child sex offenders in that one street have been successfully prosecuted over the last ten years , its a lot more common than we think. My advice to your friend would be give the accused a wide berth until the next court hearing and gently remind them that the accused isn't likely to confess to them even if they are as guilty as a very guilty thing.

Yorkie1

Nicki wrote: »

S8 Magistrates Court Act restricts by law what can be reported of this kind of hearing, and if you are right that it was a plea hearing which has been committed to the Crown Court, all which should have been reported was the name and address of the defendant, the charge, the fact he pleaded guilty, the name of the court and magistrates, the name of the lawyers and whether bail was or wasn't granted.

Nicki wrote: »

Thanks for the PM leccyblue. I've replied in more detail by PM, but for others, what has happened so far is what's known as a Newton hearing. The facts will probably be aired again in open court at the sentencing in the Crown Court.

See here for more details: http://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-hearing.htm

Couple of extra comments to add to Nicki's posts ...

The person pleaded guilty at the magistrates court so was committed to the Crown Court for sentence (and therefore the s.8 reporting restrictions don't apply) - hence a fuller report of what went on can be given.

For offences which can be sentenced at either the magistrates or Crown court, the magistrates have to decide whether their sentencing powers are sufficient or whether the Crown Court has to sentence.

The prosecution outlines the facts, the defence gives their version, and the magistrates make that decision. If there is such a difference between the two versions as to make a difference to sentence, the court will hear evidence from witnesses and the defendant on oath to decide on which basis to sentence. This is called a Newton hearing.

It is very rare for one to take place in the magistrates court in order to enable the magistrates to make that preliminary decision, because the Crown Court will need to reach its own decision on the same facts, but Nicki's had the details from the OP and it appears that that's what has happened.

The case will be adjourned for the Crown Court to sentence. All the person's relevant previous convictions will be referred to in court - although not necessarily read out verbatim as they will be handed to the court anyway.

Any adult can attend the sentencing hearing.

thorsoak

OP - Google Sarah's law - it might be easier to take this route to find out if this person already has a criminal record.

leccyblue

Just wanted to pop back and say thank you for all your help! Especially to Nicki who has taken the time to reply in some detail via PM. The replies are all really helpful. I saw the relative at the weekend and as you can imagine she is very distressed. Kaya - I don't know who the victim was so I have no idea. I hope they have a strong family around them. Thankfully, the victim declined the accused's 'request', and that's as far as it went. Still a very traumatic experience for the child and their family to go through.