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The Criminal Justice System in England & Wales

   

Added on  2022-12-16

11 Pages4151 Words32 Views
The Criminal Justice
System England &
Wales

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................9

INTRODUCTION
In the United Kingdom the main constitutional monarchy is usually through the head of
state which is monarch. Parliament frames out to be the supreme authority as they helps out to
maintain all the laws and orders and also helps to pass the legislation that by the monarch and
both the houses which are house of common and the house of lord. All the duties and the power
of the monarch are being maintained and prescribed by the convention(Cunneen and et. al.,
2017).Law mainly comprised of all the set of rules that are being made for the country so as to
maintain the peace and law and order in the community and all the country members. The laws
are being enacted by the parliament and the supreme court which covers to be the highest court
of the land use to interpret the law that has not struck in the statue. Through the parliamentary
sovereignty all the powers of the supreme court can be override. This essay will deal with all the
important laws in the English legal system and also the main principles of structure of the
magistrate and crown court. This will also cover all the public service and various criminal
justice process with its effectiveness that the way through which it can be measured and how the
performance will help out in measuring all the criminal justice methods and the process.
MAIN BODY
There are various kinds of English legal system As Law terms out to be the set of rules which
helps in regulating all the actions that has top performed by the members and it also helps out to
impose all the penalties so as to maintain the basic nature and the working conditions. It helps in
the betterment of the society. And there are various types of legal system which are discussed
below-
Civil and the criminal law terms out to be the most important classification that is being
used ion the legal system. as criminal law helps to avoid crime and the offences in the society by
imposing punishment to all the wrongdoer. It helps out to give the punishment to all the law
breakers and the person who do any unlawful activity. Whereas, Civil law use to settle out all the
disputes about the company and the corporations. Their use to be implied all the civil remedies
like the injunction or the compensation(Douglas and Fitzgerald 2018).
Statutory and Common law- This covers out to be the most authentic law as Statutory
law is mainly the law that is being made by the parliament and the common law pertains out to

be the law that are made by the judges and the rulings through the precedents and they
convey .out all the relevancy in the statutory law. Whereas, common law implies all the laws that
are made by the judges in all their rulings and the precedents.
Public and Private law- The public law complies to be the law which covers bout the
government and also the state. As in the public law their are various rules like the constitutional
law, administration law and also the criminal law in the private law all such laws which are like
important for the society and the business, work and the education is being complied in it. Like
the employment law, law of tort and many more(Hine 2019).
All the English Criminal Law covers out all the prevention of the offences In the society.
As in being seen by the work of the private individual there is being indulged that all the criminal
offences tends to maintain the nature and the records of working.
The important principles of the criminal law are firstly Innocent until the guilt is proved , this
Implicates that all the person who has been charged for any offence will there by be termed as
guilty till the time their crime is being proved. Secondly, the right to remain silent person who is
being charged as an accused can remain silent when there is being asked several questions about
the offence. But that person will have to answer all the important questions like the name and the
address of that person.(Howard and et. al., 2020).Thirdly, Burden of proof all the charge that has
been made by the prosecution on the defendant will have to be proved by the prosecution itself
as they will have to make and give all the evidence to prove the guilt. And lastly Double
jeopardy rule that means that no person can be punished for an offence twice. But as been seen
that in Criminal Procedure Act of 1921, this rule is not being applied to all the serious offences
like the murder, rape etc.
The major structure of the magistrate court and the Crown courts is that All criminal
case use to begin from the court of magistrate this implies to cover bottom end in the crime
stage. As there are merely 300 Magistrate Courts situated in UK which use to deal in all minor
offences. It helps in maintaining the speedy method to deal with the minor offence. It covers all
the summary trials offences, youth courts, family issues and proceedings and all offences under
the Crown Court. The cases that came in the c0ourt are being heard by the 3 judges and the
appeal is being raised in the crown court(Lee and et. al., 2019).
All Crown Courts use to cover with the indictable cases which are being gone to the
Magistrate court that covers all serious and criminal cases, with the appeals raised and also the

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