Court Process: Procedure, Offences, and Sentencing

This report provides an overview of the court process, including the procedure, different types of offences, and sentencing. It also discusses the elements of due process and the role of evidence in courtroom proceedings. The report includes a case scenario related to drug trafficking and analyzes the charges, facts, and judgments.

COURT PROCESS
COURT PROCESS.........................................................................................................................1
INTRODUCTION...........................................................................................................................3
PART 1............................................................................................................................................4
What is required by prosecution to provide in courtroom against person committed for an
criminal offence...........................................................................................................................4
Difference between summary and indirect able offence.............................................................4
Explain Legal ‘defence’ and describe two common defenses in criminal law............................4
Explain different types of courts that exist in an country............................................................4
Briefly describe the following hearings.......................................................................................5
PART 2............................................................................................................................................5
Under which law the person charged against the accused person exist in law. Is this summary
or indictable offences and give reason for it................................................................................5
Elementise the two offences relating to Bill and outline the facts relied upon from the scenario
to prove each element, by inserting and completing the following table in your report.............5
Was the search of Bill by police justified by law? Explain your reasoning using the ISAAC
model by inserting and completing the following table in your report.......................................6
Discuss the sentences given to the two accused persons by Judge Weatherby. Outline whether
you believe the sentences were just or otherwise and explain your answer................................7
List the nine elements of due process. Choose three of these elements and explain how they
were upheld or undermined throughout the scenario..................................................................7
CONCLUSION................................................................................................................................7
REFRENCES...................................................................................................................................8

INTRODUCTION
Court process is the procedure that has been followed by court in order to punish the criminal
and person against whom the complain has been field. Various kinds of proceeding are there as
per the crime committed by the person. Criminal law is that kind of law under which all
proceedings and punishment regarding various crimes has been explained. These are very
dynamic in nature as they deal with aspects of society. Scope of such law is wider as they can
impact society at large and also they are responsible for protecting society also. These laws are
applicable upon every condition in which a crime has happened and public at large got impacted
because of it. This report is divided into two part in which the first part explains about basic
things related to crime like summary trial, committal hearing, sentencing hearing. Second part is
an case scenario and lot of questions are to be answered.
PART 1
What is required by prosecution to provide in courtroom against person committed for an
criminal offence
Evidence is one of the most important element in which an major clue related to the case
is hidden. These evidence also act as an important pillar of proving facts and is used by courts to
prove something that has not been proven. Evidences can be in the form of witnesses,
documents, videos and also some biological element. Witness are those persons that is related to
crime or has seen crime taking place from there eyes. They are important in confirming of facts
also evidences can be helpful in farming of an strong case required or not (Boggess, 2017) .
Difference between summary and indirect able offence
Both are different from each other in a manner that summary is an kind of very précised way of
explaining of an important thing and indirectiable offence are those offence in which the
intention of the person of person is not there. To important elements of crime are Mens recus and
other us Octus Rean which helps in identification that weather a person has committed crime or
not. Mens Rea include recklessness, knowledge and negligence. Both these are related tin crime
and helps in identifying of crime and facts related to it is also been clarified through this only in
law.
Explain Legal ‘defence’ and describe two common defenses in criminal law
Legal ‘defence’ is the process by which a criminal prosecution is done over the person in order
to make trial start over an case. These can be in both civil and criminal proceeding but procedure
is completely different from each other as nature of law is different from one another. Two
common defenses that has is there in criminal law is mistake of fact and self defense. In mistake

of fact means those kind of mistake that has been done on this part in understanding of particular
fact. Other is self defense in which an person hits someone not with the intention of killing him
or her but with intention of protecting himself (Craig, 2016).
Explain different types of courts that exist in an country
In UK various types of courts for different kinds of proceedings which give an strong base to its
legal system. In which supreme court is the highest court of appeal, after this comes the high
court which is divided into two three parts in which queen bench is for criminal proceeding,
other is court of appeal that is for civil cases and then comes family which is for family matters
and marriage issues. Then comes bounty courts in which cases from lower courts is brought and
heard. Also there are tribunals court hired for cases of special nature (Fairclough and Jones,
2017).
Briefly describe the following hearings
Summary Trial such kinds of trials are there under criminal procedure. In such trials a trial is
decided without jury upon the facts and law by a judge that can be legally qualified or can also
be magistrate. Maximum sentencing is lower than case prosecution.
Committal hearing is that type of hearing in which an magistrate cheques that wether there is
sufficient evidences against the prosecution or not. After this only further decides about the case
is done by the magistrate.
Jury Trial it is that kind of legal trial in which an hearing is done through the judges that as been
sitting and hears to both the parties analysis the facts and then comes to an conclusion. In such
type of trial judges can be two or more than if a proper permission has been given by the court.
Sentencing Hearing it is the process that has to be followed by the judge ad has to give
punishment to the person prosecuted. Sentences width depends upon the number of offences for
which a person has been prosecuted for it can be both criminal or civil.
PART 2
Under which law the person charged against the accused person exist in law. Is this
summary or indictable offences and give reason for it
The persons is charged under the Drugs Misuse Act 1986 under section 2 of the act. This is for
Trafficking of dangerous drugs. In this scenarios Bill has been accused for drug trafficking and
his friend for helping her out. It is an summary trial because in this the judge has heard the matter
and gave his opinion over it (Lowder, Desmarais and Baucom, 2016).

Elementise the two offences relating to Bill and outline the facts relied upon from the
scenario to prove each element, by inserting and completing the following table in your
report
Offence 1
Statute: Drugs Misuse Act 1986
Section No.: 5
Short Title: Trafficking in Dangerous Drugs
Elements: Facts to Prove from Scenario:
A person
should be
carrying a
business
. Bill makes approximately $10,000 per week from these activities,
which have all the characteristics of a typical business model. This is
the fact that proves that he was running a business from drugs.
, of unlawful
trafficking
The above mentioned fact has proven this in valid manner.
Offence 2
Statute: Drugs Misuse Act 1986
Section No.: 7
Short Title: Receiving or Possessing Property Obtained
from Trafficking or Supplying
Elements: Facts to Prove from Scenario:
(1) A person
who receives
or possesses
property,
questioned Bill, who admitted that he purchased the Seadoojetski
using money he obtained from the sale of drugs, and that he had
been selling drugs regularly for several months.
other than a
dangerous
drug
This fact has proven the following offence is perfect manner and
justified way.
Was the search of Bill by police justified by law? Explain your reasoning using the
ISAAC model by inserting and completing the following table in your report
Issue: search of Bill by police justified by law
Statement of Law: search of Bill’s backpack, without a warrant, was justified by
law

Authority: Judge Weatherby
Application: Crown Prosecutor
Conclusion: It was justified in a manner that and person who has accepted
his crime can be searched with or without his permission.

Discuss the sentences given to the two accused persons by Judge Weatherby. Outline
whether you believe the sentences were just or otherwise and explain your answer
On the two charges against Bill, Judge Weatherby sentenced Bill to 4 years prison.
In this statement made by the judge it has been explained that the person has been involved in
another crime for keeping 50 grams cocaine and now he has been accused for keeping another
drug. So in my opinion the judgment is justified(Lucas and Hanrahan, 2016)
On the one charge against Macca, Judge Weatherby sentenced Macca to 5 years prison.
As Macca has been involved in this crime but her role was very less to play and she had been
held accused for driving with him and her past record is also clean. So this statement is also
justified (Mahadevia Ghimire, 2016).
List the nine elements of due process. Choose three of these elements and explain how they were
upheld or undermined throughout the scenario
Nine elements of due process are fair trial, equity, evidence, expedition, equality, hearing facts of
both the sides, no biasness, relevant facts to be marked, witnesses should be called. Fair hearing
has been followed and also facts has been marked out both this has been done in the scenario
because judge has taken old charges and has examined them. Equality has been shown and both
have been given sentenced according to crime committed by them (Miller, Kern and Williams,
2018).
CONCLUSION
From the above report it can be concluded that an criminal is one of those types of laws that has
been formed in order to deal with crime and also process of court has been explained under
hierarchy of courts and terms has been covered regarding it. In second part a scenario has been
given and upon which a report has been prepared over Drugs Act that is an criminal offence.

REFRENCES
Books and journals
Boggess, J.L., 2017. Low‐Income and Never‐Married Families: Service and Support at the
Intersection of Family Court and Child Support Agency Systems. Family Court
Review. 55(1). pp.107-119.
Craig, E., 2016. The inhospitable court. University of Toronto Law Journal. 66(2). pp.197-243.
Fairclough, S. and Jones, I., 2017. The victim in court. Handbook of Victims and Victimology.
pp.211-228.
Kempen, A., 2018. Giving victims of crime a voice-the vital importance of victim impact
statements in the court process. Servamus Community-based Safety and Security
Magazine. 111(2). pp.25-27.
Lowder, E.M., Desmarais, S.L. and Baucom, D.J., 2016. Recidivism following mental health
court exit: Between and within-group comparisons. Law and Human Behavior. 40(2).
p.118.
Lucas, P.A. and Hanrahan, K.J., 2016. No soldier left behind: The veterans court
solution. International journal of law and psychiatry. 45. pp.52-59.
Mahadevia Ghimire, K., 2016. Abuse of Court Process: A Study of How Vanuatu Court of
Appeal Has Addressed Abuse of Court Process Over Two Decades. Journal of South
Pacific Law. 2. pp.64-80.
Miller, R.J., Kern, L.J. and Williams, A., 2018. The front end of the carceral state: police stops,
court fines, and the racialization of due process. Social Service Review. 92(2). pp.290-
303.
Pennington, L., 2017. Socializing distrust of the justice system through the family in juvenile
delinquency court. Law & Policy. 39(1). pp.27-47.