An Analysis of Criminal Courts: Structure, Appeals, and Processes

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Added on  2023/01/13

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This report provides an overview of criminal courts, differentiating between civil and criminal crimes, and explaining the roles of magistrate and crown courts. It discusses the principles of law applicable to various offenses, including mens rea and actus reus, and how criminal justice is administered. The report outlines the structure of magistrate and crown courts, the types of cases they handle, and the sentencing involved. Additionally, it explains the appeal process, including the role of the Court of Appeal and the Supreme Court. The conclusion emphasizes the importance of criminal courts in providing justice and highlights the appeal mechanisms available to those dissatisfied with court decisions. The report is supported by references to books, journals, and online resources, providing a comprehensive understanding of criminal court procedures and their significance.
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CRIMINAL COURTS
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Table of Contents
INTRODUCTION...........................................................................................................................3
LO 1.................................................................................................................................................3
P1 Types and principles of law that apply to particular offences...............................................3
P2 Criminal offences would be dealt with the criminal justice..................................................3
LO 2.................................................................................................................................................4
P3 Magistrate and crown courts are structured...........................................................................4
P4 Appeal process is being exercised.........................................................................................4
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................6
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INTRODUCTION
Present report is based upon the matter relating to criminal court. There are two types of
crime, civil crime and criminal crime. Thus, as per the civil crime, the punishment is less as it
involves the matters relating to fraud, infringement of any property or theft and similarly the
punishment is imposed according to the cases. In case of criminal matter, it carries matters
relating to rape, murder or sexual harassment or trespassing of any property (Criminal courts,
2020). Thus, the matter relating to criminal aspects are to be heard under the criminal courts.
LO 1
P1 Types and principles of law that apply to particular offences
In relation to the offences committed regarding carrying the mens rea or actus reus, then
it indicates the matters relating to criminal offence and also they are punishable under the
criminal courts (Henham, 2017). In such case criminal law are imposed and under this law
particular punishment is set for particular nature of crime.
In context of civil law, it is mainly imposed regarding committing crime relating to fraud,
misconduct or infringement of any property or theft (Houge, 2016). Thus, under this civil
procedure rules 1998 is applied regarding imposing penalties in case of breach or offences
committed in any of the situation.
P2 Criminal offences would be dealt with the criminal justice.
Criminal justice is mainly related to providing justice to parties who face injustice or
whose right are affected through any of the illegal activity. Criminal justice is mainly provided
when the criminal offences are undertaken and theses arises through carrying the illegal work.
As the offences relating to mens rea or acturs reus are illegal in terms of law and thus punishable
under the courts of justice (Kemp, 2019). If any person think of committing any crime, then they
present before the courts and thus proceeding is to be undertaken regarding provide justice to
claimant.
Thus, in such aspects the criminal offences are to be dealt in strict way as it mainly
affects the right of the parties and thus the proceeding of these offences are undertaken under the
criminal courts (Wall, 2019).
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LO 2
P3 Magistrate and crown courts are structured
The procedure of undertaking the judgement of criminal matters refers to proper court
structure. Firstly the matters is refereed to the magistrate court, which carry the right regarding
hearing the case and hold trails for examining the summary of the offences. In this court, the
cases are referred which is of small matters and thus the punishment according to this matter is
imposed for not more than 12 month imprisonment (Lemmings, 2016). If they think that the case
required to be judged by high level, then they refer the cases to the crown courts. It deals with
some serious cases which is referred by the magistrate and impose punishment for minimum
period of 5 years (Pakes, 2019). Both the court carry the same motive, regarding providing
justice to the innocent person whose right are convicted from illegal activity.
P4 Appeal process is being exercised
Appeal is mainly made against the crucial sentences are raised by the courts. Thus, if any
person is convicted against the crucial sentences regarding committing any illegal activity, than
they can make the formal appeal under the court of appeal in favour of reducing the sentence or
providing liberty to prove the innocence (Peyrache and Zago, 2016). Court of appeal was created
in 1875 and thus it carries two types of matters such as civil and criminal matters. Criminal
appeal are mainly heard under the criminal divisions and usually crown courts also hears appeal
from any superior courts. If the person is not satisfied with any of the judgement given by the
courts, then they apply to the supreme courts regarding getting appropriate judgement.
Thus, the appeal is exercised regarding not satisfies with the decision which is given by
the superior courts (Smith and Maddan, 2019). This is usually undertaken by the person which is
convicted for engaging in any illegal work and for the persons also who not satisfied with the
judgement given by courts.
CONCLUSION
From the above study, the report concludes the matters relating to examining the
usefulness of the criminal courts and this procedure is undertaken regarding providing justice to
parties. As criminal offences affects the rights of the parties and thus the strict punishment is
imposed regarding dealing in certain matters. It is also stated that the procedure of appeal is
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undertaken when one person is not satisfied with the court decision and thus further appeal is
made to higher level of courts.
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REFERENCES
Books and Journals
Henham, R. J., 2017. Sentence discounts and the criminal process. Routledge.
Houge, A. B., 2016. Re-presentations of defendant perpetrators in sexual war violence cases
before international and military criminal courts. British Journal of Criminology. 56(3).
pp.419-437.
Kemp, S. L., 2019. Criminal Investigations. In British Justice, War Crimes and Human Rights
Violations. (pp. 191-311). Palgrave Macmillan, Cham.
Lemmings, D., 2016. Introduction: criminal courts, lawyers and the public sphere. In Crime,
Courtrooms and the Public Sphere in Britain, 1700-1850. (pp. 15-36). Routledge.
Pakes, F., 2019. Comparative criminal justice. Routledge.
Peyrache, A. and Zago, A., 2016. Large courts, small justice!: The inefficiency and the optimal
structure of the Italian justice sector. Omega. 64. pp.42-56.
Smith, A. and Maddan, S., 2019. The Lower Criminal Courts. Routledge.
Wall, D. S., 2019. The Chief Constables of England and Wales: The socio-legal history of a
criminal justice elite. Routledge.
Online
Criminal courts. 2020. [Online]. Available through: <https://www.gov.uk/courts>.
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