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Structure of Magistrates and Crown Courts in UK

   

Added on  2023-01-13

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LAW AND LEGAL SYSTEM
Structure of Magistrates and Crown Courts in UK_1
TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
Structure of Magistrates and crown courts .................................................................................1
Critical analysis of the criminal offence dealt with the criminal justice system. .......................2
Exploring the exercising of appeal process.................................................................................5
Explain and evaluate the types and principles of law that apply to a particular offense.............6
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................9
Structure of Magistrates and Crown Courts in UK_2
INTRODUCTION
English law refers to common legal law procedure in United Kingdom that comprise
mainly of civil and criminal law, every branch has its own procedures and courts. This is also
known as law of England & Wales. Authoritative laws of UK is statutory legislations
comprising of the Act of Parliament and regulations. In absence of the statutory laws the
common law that have principle of the stare decision forms the residual source of law, based
over judicial decisions, usage and customs. Present report is based on the organisational
structure, culture and impact of English legal systems. This will cover the structure of the
magistrates' & Crown court in UK. This will also include the appeal process and the manner in
which it is exercised. It will also provide about the criminal offence dealt by criminal justice
system for criminal offence. This will also provide about the types and the principles that will be
applied to particular offence. The present report will increase and enhance the understanding of
the laws and legal systems of United Kingdom.
TASK 1
Structure of Magistrates and crown courts
Magistrate court
In UK a magistrates' court refers to lower court that holds trials related to summary
offences & primary hearings for the serious ones. Civil matters or cases are also tried here, that
are notably family the proceeding. There are 330 magistrate court across UK. In these courts
minor offences are being deal with. In this court all decisions are taken equally. It has been
analyzed that, magistrate and district judges are being appointed in order to make sure that cases
are properly being adhered and addressed. They make sure that cases in this court are being
solved efficiently. Clerk do not raise any pressure on bench to bring up an immediate decision. In
magistrate court defendants are given opportunity to represent themselves but this situation is
only being given to them in minor cases. However, defendants need to be presented by a locator.
They are being appointed to advice properly on cases (Partington, 2019). In most of the cases
solicitor are also been appointed to any defendant who do not have of their own.
They solve cases on their behalf. It has been analyzed that proceedings in these type of
court is open to public. Also exceptions exist related to providing protection for victims related
to rape and specially in the youth court. Magistrates' court are basically engaged in solving
serious cases. Court is being engaged in hearing only the specific facts that are related to more
1
Structure of Magistrates and Crown Courts in UK_3
serious offences. In this community based penalty is also being given to the criminal. They can
also be charged for life time pf imprisonment. If Court decides there are no conditions existing
for achieving these objectives, courts may demand defendants in custody until next hearings.
Grand jury system is also been followed in magistrates' court. Appeal could also made in crown
court.
Crown Courts
The crown courts unlike magistrate courts, is an single entity sitting across 77 courts in
United Kingdom. Crown courts in UK deals with serious types of criminal cases that are not
addressed by any other courts. It Includes
Cases sent by the magistrate courts for trial as offences related to case are 'indictable
only'. Means that could be heard by the crown courts only.
'Either way' offences are the case that could also be heard in magistrate court but could
also be sent to the Crown courts when defendants in the case choose the jury trial.
Defendant that are convicted in the magistrate court, but are sent to the crown courts for
sentence due to the seriousness of the offence.
Appeal that are against the decisions of the magistrate court.
There are 3 different Crown courts centres, that are based over type of works they are dealing
with. They are :
Ist tier centre They are attended by the judges of High Courts for Crown Courts criminal and
the High Courts Civil work.
IInd tier centre – These are attended by judges of High Court for Crown Court criminal works
only.
IIIrd tier centre – These are normally attended by the judges of High Court and they handle the
Crown Courts criminal works only.
Critical analysis of the criminal offence dealt with the criminal justice system.
The criminal justice process of United Kingdom consists of various steps but main
process followed is investigation, arrest, pretrial actions, trials, sentencing and the corrections. In
all these stages different steps & processes are undertaken for ensuring the right of every person
is met in the process followed. Every person has right of being protected from crimes and also
the right to be considered as innocent unless the guilty is proven in Courts of law (Daly, Hughes
2
Structure of Magistrates and Crown Courts in UK_4

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