Recent Achievements

  • The female was a victim of domestic violence. She was also suffering severely with depression and commented that she having suicidal tendencies trying to deal with her concerns over giving evidence at court. The 48 year-old defendant was arrested and charged with Harassment. The reviewing lawyer Andy Crump, Senior Crown Prosecutor spent a lot of time dealing with the victim and trying to resolve this matter without her having to give evidence. He persuaded the defence to accept a restraining order to keep away from the victim in terms that the victim was happy with and this enabled us to not proceed with the trial but still obtain protection for the victim.  Andy's intervention and persistence were vital in obtaining the positive outcome for the victim.
  • Up to 500 motorists have been gathering on the A47 near Star City, Birmingham on Sunday or Bank Holiday evenings to watch or take part in unofficial races which put other road users at risk. West Midlands Police have been running a covert operation between the months of May and July 2012 to catch the offenders on CCTV. Officers approached the local CPS team to warn us of the operation and to see what evidence was needed to mount successful prosecutions. They liaised with Helen Whitehead, Senior Crown Prosecutor on the Birmingham Magistrates' Team and they have worked closely together since. Up to the start of January there have been around 300 successful convictions resulting in drivers being fined and disqualified. At the start of January 2013, no trials had been lost during this process. It is an example of excellent teamwork and has involved huge commitment on Helen's part to track each case and ensure the trials are ready for each hearing. We are now nearing the end of the operation which has been hugely successful and has achieved the desired result of freeing the A47 of this menace.

Home » Magistrates' Court Unit

West Midlands CPS Magistrates' Court Unit

The Crown Prosecution Service (CPS) is the main prosecuting authority in England and Wales. In our daily operations we work in partnership with all the agencies in the criminal justice system. We work especially closely with the police, although we are independent of them.

The West Midlands Crown Prosecution Service's Magistrates' Court Unit serves a population of over five million and deals with 88% of all crimes brought before a magistrates' court in the West Midlands region.  The remaining 12% of more serious offences are dealt with in the Crown Court.

The Unit prosecute crimes such as offences of domestic violence, assaults, criminal damage, minor public disorder incidents, all but the most serious traffic offences, possession of drugs, dangerous dog offences, offences of dishonesty and commercial burglaries.  The list is not exhaustive but generally comprises of any offence where the maximum permitted sentence does not exceed six months imprisonment or one year if two or more offences are to be considered.  They are the type of crimes that affect the everyday lives of all members of our community.

We also deal with most, if not all, youth crime prosecuted in dedicated Youth Courts, unless the offence is so grave that it might attract a sentence of custody in excess of two years.

The Crown Court Unit deals with cases such as murder, rape, robberies, serious assaults, dwelling house burglaries, complex fraud, the supply and trafficking of drugs, and the most serious road traffic offences especially those that result in a fatality.

The Magistrates' Court Unit is headed up by Colin Molloy who is supported by six Sector Crown Prosecutors together with staff comprising of barristers, solicitors, associate prosecutors, paralegals and administrative support staff.  In our daily operations we work in partnership with all the agencies in the criminal justice system.

We handle cases from the four police forces in the West Midlands region. The work is generally managed from Birmingham but we also operate from more locally based offices in Stoke, Leamington Spa, Droitwich, Shrewsbury and Wolverhampton serving the magistrates' courts in Birmingham, Sandwell, Wolverhampton, Coventry, Solihull, Stoke, Stafford, Burton, Cannock, Worcester, Telford, Kidderminster, Hereford, Leamington Spa, Walsall, Dudley, Nuneaton, Bromsgrove and Redditch.

In addition, there are several dedicated Witness Care Units which are jointly staffed by police and CPS employees in order to provide guidance, information and support for victims and civilian witnesses involved in prosecutions.

The police and CPS roles explained:

The police are responsible for responding to allegations that a person has committed a crime. They will decide whether an investigation is required and how it should be conducted.

Unlike the police, we are not an investigative body and have no powers to investigate allegations of crime but can guide and assist the police to build evidentially strong cases before independently reviewing the evidence rigidly applying the Code for Crown Prosecutors to each case to be satisfied there is both a realistic prospect of conviction and that it is in the public interest to prosecute an offender.  Our role is to ensure that the nationally recognised Evidential and Public Interest Tests, as described within the Code for Crown Prosecutors, are applied to cases and so determine their suitability to be put before a court.

If you are unfortunate enough to be a victim or witness of a crime, following charge, our aim is to secure justice for our community members, to keep you informed and support you. The Code Test is very important to ensure objective consistent decisions are made applying the same criteria.  To put this in context, the CPS does not act for a victim or witness in the sense that a solicitor acts for a client.  A victim or witness may want a case to be taken further that the evidence justifies.  Whilst the interests of a victim or witness must never be overlooked, as an independent prosecuting authority, our decisions must be made after proper consideration of relevant law.

How proceedings are commenced:

Decisions to charge or commence proceedings in all but the most serious cases are made by our Charging Team, which comprises of 14 lawyers and a Sector Crown Prosecutor supported by a national network of lawyers capable of providing the police with guidance and charging decisions by responding to requests in most cases within three minutes of a call being made.

By reference to sentencing provisions for offences attracting a maximum of six months imprisonment, the police have the authority to charge any summary offence, irrespective of plea and any offence classed as either way, provided a guilty plea is expected and it is suitable for sentencing in the magistrates' court.

The police do not have authority to charge any offence of domestic violence, hate crime, violent disorder, affray, assault occasioning actual or grievous bodily harm, wounding or sexual offences committed by or upon a person under 18. 
Prosecutors must also make charging decisions in all indictable only cases (the most serious criminal offences, e.g. murder, rape, robbery, etc) and in all either way cases (e.g. theft, burglary, possession of drugs, dangerous driving etc, where the offence is not suitable for sentence in the magistrates court or where a not guilty plea is anticipated).

Mr Molloy is pleased to have the additional responsibility to be Head of this Unit which uses advanced telecommunication and computer systems to receive files electronically before advising and providing charging authorities. These teams currently operate from offices in Birmingham, Stoke and Shrewsbury. 

Once satisfied a case should be charged before a court, our prosecutors and trained associate prosecutors present the facts to the magistrates with our lawyers conducting the trials in the event of a not guilty plea. 

Mr Molloy also leads for the Area in respect of hate crime committed against vulnerable people and takes a special interest in the support provided to domestic violence victims.  Together with his colleagues in the Crown Court, he and his staff are committed to providing support to all victims, but especially those considered vulnerable to allow them a voice in court.

Senior Management Team

Colin Molloy, Head of the West Midlands Magistrates' Court Unit

Colin MolloyColin began his career as a Magistrates Courts Legal Adviser from 1981 until he was called to the Bar in 1985 from which time he has been employed as a Crown Prosecutor. He has prosecuted in every Black Country Criminal Court and worked as Head of Walsall, Wolverhampton and Sandwell Districts before being appointment as the District Crown Prosecutor for the Black Country Region in 2002. He became Senior Sector Crown Prosecutor for our Northern Sector as well as Head of the West Midlands Charging Team in 2011, and he was appointed in his new role as Head of the Magistrates' Court Unit in 2012.

Julie Sealeaf, Sector Crown Prosecutor, Birmingham

Julie SealeafJulie is a local lady, having been born in Smethwick.  She obtained her law degree at Birmingham Polytechnic and attended the College of Law at Chester. She then completed her articles as a court clerk with Warrington magistrates' court and qualified in 1986. Julie joined the CPS in 1987 and she has prosecuted throughout the Black Country area and now Birmingham. Her husband is also a prosecutor and they have two teenage boys. Julie currently leads the Birmingham Magistrates Unit, who are the fore runners in the use of the digital file with the aim of the CPS being paperless in 2012, both in terms of preparation and presentation in court. 

John Baker, Sector Crown Prosecutor, Black Country

John BakerJohn Baker is the Sector Crown Prosecutor leading the Black Country Magistrates' Court Team which is based at Wednesfield Police Station. It is responsible for prosecuting cases before Wolverhampton, Sandwell, Walsall and Dudley magistrates' courts. John qualified as a solicitor in 1988 and joined the CPS in October 1990. Prior to joining CPS he was in private practice specialising in criminal and family law. Since joining CPS John has worked on the teams prosecuting at Walsall, Dudley, Halesowen, Stourbridge, West Bromwich and Warley magistrates' courts. He gained promotion to his current grade in 2001 and was appointed as Head of the Criminal Justice Unit for West Bromwich. Since then John has gone on to be Head of the Walsall Criminal Justice Unit, and has also been the Charging Manager responsible for the delivery of daytime charging advices in the West Midlands. He secured the Law Society exemption, for Higher Rights, in October 1999

James Mathers, Sector Crown Prosecutor, Coventry and Warwickshire

James MathersJames joined the CPS in 2000 as a Senior Crown Prosecutor. He became a lawyer manager in 2004 working initially with the Regional Asset Recovery Team dealing with Proceeds of Crime.  In 2007 he moved to head up the team in Wolverhampton and in 2008 was moved to Bournville Lane Police Station to work in the Magistrates' Court Department there.  He returned to the main Birmingham office in 2009, and in 2011 was asked to head up the Charging Unit which was responsible for day time charging decisions across the Area.  Before his current posting, he was leading the Black Country Magistrates' Court Team in Wednesfield where he introducing digital working across the four court centres in the Black Country. 

Gill Casey, Sector Crown Prosecutor, Worcestershire and Herefordshire

Gill CaseyGill is originally from Oldham who came to the Midlands initially to study. She was admitted as a solicitor in 1988 and worked initially as a court clerk at Birmingham magistrates' courts for five years before joining CPS in 1990. She has been managing for 10 years, with experience in magistrates' court and Crown Court teams in Birmingham and the Black Country before coming to work at our Droitwich office in 2011.