Criminal Court Observation Report: Magistrate and Crown Court Cases

This report presents observations from two criminal court cases. The first case, observed in a Magistrate Court, involved a sexual offense where a teacher was accused of inappropriate behavior towards a student. The report details the proceedings, including the roles of the prosecutor, solicitor, and magistrate, the evidence presented, and the outcome, including plea bargaining. The second case, observed in a Crown Court, concerned workplace harassment involving a male employee and a female employer. The report outlines the arguments from both parties, the court's handling of the case, including the influence of gender, and the provisions of the Criminal Justice Act 2003. Both cases provide insights into the application of criminal law, the judicial process, and the considerations made by the courts.

Criminal court
Observations
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CASE IN MAGISTRATE COURT
I had visited Magistrate Court on 12th November in the evening to view criminal court
proceeding on sexual offense. Magistrate Court has strong commitment towards the cases of
sexual assault. This case was assisted by District Judge. In this case, parents of the abused person
had claimed on the defendant for the sexual abuse during the coaching classes. Defendant was
male and of 30 years. In accordance with the claim made by the innocent party, defendant was
accused of physical abuse towards the students during the extra classes.
In magistrates courts less complicates cases are judged either by magistrates or lay
judges. At the time, when I entered into the court there was little sound by the civilians. Further,
there was discussion between prosecutors and their assistants. Solicitor of the abused party was
preparing for the case by considering the case facts in proper manner. After some time,
magistrate entered into the court and every one was silent. Case proceeding was initiated with the
public prosecutor. They had summarized the case in following manner:
“Defendant Mr. A. had called for the individual extra classes after the completion of
normal tuition hours for weak students on Saturday evening. In accordance with the provided
time schedule B (abused party) had arrived at the coaching classes. After completion of the
subject matter, Mr. A had tried to touch B in an inappropriate way. Despite of the fact that, B is
not comfortable with his touch Mr. A continued his action. As a consequence, B ran away from
the classes and informed her parents for the same.”
After the completion of the summary, solicitor of the accused party had argued with the
case facts of public prosecutor. In the defence of Mr. A, he had stated that touch was genuine
there was no intention of harassment or physical abuse. However, this fact was objected by
public prosecutor by providing brief of the accused party. Public prosecutor provided evidence of
experience by the ex-students and their parents in written with their signature. In their
statements, it was clearly stated that character of Mr. A is not good and same incident has been
occurred previously. Solicitor of the accused party said that these statements are not true as Mr.
A is reputed teacher.
After consideration of all the case facts, Magistrate held that Mr. A is guilty for the
intention of sexual offence with B. Option of plea bargaining was provided to Mr. A for the
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reduction in the duration of sentencing. In this aspect, Magistrate had stated if Mr. A confessed
his crime than he will be imprisoned for 3 months instead of actual punishment of six months.
Mr. A confessed his crime that his intention was not good towards the students and he
was charged for sentence of three months.
Additional case highlights
In the described case, parents of B were not able to afford private lawyer as their income
was less than £18000. Due to this aspect, public prosecutor was allotted to them. Further,
background of both claimant and defendant has been considered by court of law in order to
assure that aspect of criminal background, insanity is not there. Entire case was judged as per the
provisions of Criminal Law Act 1967 and Criminal Justice Act 2003.
CASE IN CROWN COURT
Criminal proceedings in Crown Court is administered by services of HM Courts. I had
visited Crown Court in UK in morning of 10th November to evidence the case of harassment of
male employee by female employer of multinational company. In Crown court there was
comparatively more disciplined environment. For this case proceeding, there was media,
acquittance of both claimant and defendant and some other business associates in the court.
There was jury panel for the high court judges, circuit judges and the recorders. Judge of the case
entered through the door at the side of the platform. All individuals stood up at the arrival of
judge in order to show their subjection to the court. In this case private solicitors were appointed
by both the parties as they have strong financial background. This case was started by lawyer of
claimant in following manner:
“Your Honour, Employer of 'A Ltd' had attempted to harass my client through the
attempt of sexual intercourse. Due to denial by my client, Miss J threatened him for the
termination of employment contract.”
Described facts by solicitor of claimant were argued by lawyer of defendant. He had
provided the fact that Miss J has good corporate image and family background and she is not
engaged in any such activities. Further, he invited Miss J to describe the actual incident occurred
on that day. She said that Mr. F (employee of A Ltd) was engaged in misconduct of disclosure of
private information of the company in order to earn unjust benefit. At the evening of incident, he
was summoned up for the formal meeting for the discussion of this situation. By considering the
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confidentiality of information this meeting was assisted by her only. As a conclusion of meeting,
termination notice was proposed to be provided to Mr. F for his action and he was supposed to
send for further proceeding. On the next day of meeting he had filed claim for the harassment in
work place.
Despite of absence of appropriate evidence, Crown Court had shown leniency towards to
defendant due to her gender. By considering the provisions of Criminal Justice Act 2003 she was
sent provided for the fair chance to provide evidence in her defence. Meanwhile, she was
supposed to be in the city till the case is resolved. Same provisions were imposed on the
claimant.
In the end of the criminal trial, judicial person had declared the date for the next
proceeding i.e. after two weeks. In addition to this, option of plea bargaining is provided to both
the parties for the reduction in sentencing period and monetary punishment. However, provision
of sentencing were lenient to the defendant in comparison to the defendant by considering gender
of the parties.
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