Criminology: Analysis of the Provincial Court Observation Report

This report is based on observations made at the Provincial Court of British Columbia. It begins with an introduction to the court's role in settling disputes and upholding laws. The main context provides a description of the courthouse, including its layout and function. The report details the types of cases heard by the judge, which include criminal, family, youth, small claims, and traffic cases. It also presents observations made during the court visit, including questions about court procedures and the behavior of individuals present. The report then discusses issues observed between people in the courthouse, such as lack of interest in cases and disruptive behaviors. It identifies the people involved in cases, including judges, plaintiffs, defendants, and lawyers, and explains their respective roles. A specific topic covered is the Provincial Court's handling of criminal cases. The conclusion reiterates the court's significance in providing a fair justice system. References used are also listed at the end of the report.

Criminology

Table of Contents
Introduction...........................................................................................................................................2
Main Context.........................................................................................................................................2
Description of the courthouse............................................................................................................2
Types of cases being heard by the judge............................................................................................3
Observations......................................................................................................................................3
Issues noticed between people...........................................................................................................4
People involved in the cases..............................................................................................................4
Explanation of a topic........................................................................................................................4
Conclusion.............................................................................................................................................5
References.............................................................................................................................................5
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Introduction
A court is considered to be an institution which assists to settles disputes through an
appropriate legal process. In court, people come for resolving their disagreements. It is being
carried out by a judge who is responsible to hear and give judgment on criminal and civil
cases. Thus, the court plays a significant role in ensuring that the laws are being followed
strictly (Legal Research, 2018). The courts are significant because they protect the
constitutional rights under the law. The Provincial Court of British Columbia is the trial court
that hears cases in civil, family and criminal matters in British Columbia.
Main Context
Description of the courthouse
The Provincial Court of Columbia is serving the people of British Columbia by giving an
approachable, honest, effective and innovative structure of justice. The Court is committed to
giving a platform for justice that is unconventional, unbiased and consistent. It provides
people with equal access; it means it does not matter whether the person is from a poor
background or immigrant everyone has equal access. It also emphasizes maintaining respect
for the law and the rules. The mission of the court is to provide a forum which should be
impartial, consistent and must have equal access for all the people of the country (Provincial
Court of British Columbia, 2018). There was a bench which was not a chair, but a large desk.
Just behind that judge use to sit in front of the courtroom. There was a small area which was
surrounded by the railings. It was witness box within that box there was a chair so that
witness can sit as well. Chambers of judges was also there which was looking like a small
conformance room. That room may be used for hearing. Jury box was on the other side with
multiple seats and rows and a division of wall of some sort. The clerk was sitting just near to
the judge which was looking like witness stand (About the Court, 2018). There was a Court
reporter who was generally making notes of everything which was being said in a legal
proceeding. There was also a bailiff to maintain peace and security in the courtroom. The
Provincial Court of Columbia remains open from 9 am to 4 pm and the refresher breaks are
being taken around at 10:30 am and 2:30 pm and during this time Court remain closed for
public.
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Types of cases being heard by the judge
The cases are being heard in the Provincial Court of Columbia can be divided into five main
categories:
Criminal cases: More than 95% criminal cases are being heard in Provincial Court. The
judges of Provincial Court needs to conduct trials of all kind of criminal cases excluding
adult being charged for murdering someone. There are few more charges which cannot be
conducted by the Provincial Court such as treachery and “alarming her majesty.
Family Case: The Provincial Court helps the couples who have separated and an argument
with parenting arrangements and financial support, under the Family Law Act (Kirton &
Madunic, 2009).
Youth Court Case: In regards to youth case, the judges of Provincial Court deals the criminal
offences which have been charged on young persons, mainly aged between 12 to 17 years.
Small claim cases: Whether a claim case can be heard in the Provincial Court of British
Columbia or not depends on the amount of the claim. The Provincial Court of British
Columbia deals with those claims only where the involvement of claim amount is in range
of$5001to $35000 (Provincial Court, 2018).
Traffic, ticket and bylaw cases: This includes the offences related to traffic as per the Motor
Vehicle Act and regulations. Federal Contravention Tickets is for an offence related to
fishing, such as fishing without having any licence according to the Fishers Act.
Observations
I observed the court very well but I want answers to some questions (FAQ, 2018). Some of
the questions that I wondered while observing the Provincial Court of British Columbia are as
follows:
 How are judicial justices and judges addressed in the Provincial Court?
 What happens at each phase of the criminal prosecution?
 How are people brought to the court are charged with offences?
 If a person as required does not appear in the court then what will happen?
 How does the criminal trial proceed?
 Anyone can represent himself as a lawyer in the court if he or she cannot get a
lawyer?
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 Can I apply for a position in the Provincial Court?
Issues noticed between people
The people in the courthouse did not seem interested in the case apart from those who were
attached to the case which was being heard. Others were having a chit-chat with each other.
And the number one problem is being faced by the court is that the visitors are urinating in
the elevators. The people of two different parties were kind of threatening each other. Though
there was security to prevent any violation. It can also be noticed that how people try to save
a criminal, even though they know that the person was involved in the crime (Kirton &
Madunic, 2009).
People involved in the cases
The judge in the provincial court of British Columbia has the power to make a decision on
the basis of evidence and facts. The parties that are involved in the cases are defendants,
plaintiffs, lawyer and judge. The plaintiff is the one who brings the case claiming that he has
been injured due to the wrongful act carried out by the defendant. The defendant is the one
who is being sued in the case by the plaintiff (Courts of BC, 2018). The lawyer is the one
who practices acts and law as an advocate for the party. The judge in the court examines the
case appropriately in order to resolve the disputes and makes the right decision. It is being
found in most of the cases that both the parties try to save themselves by providing evidence
and facts. They do not want to get punishment from the court as per the law. The lawyer also
tries to protect his or her party by using facts and evidence (Evans, 2018).
Explanation of a topic
The Provincial Court of British Columbia carries out over 95% of criminal cases out of total
cases. The Provincial court judges under the criminal law and code can carry out trails of all
the criminal cases except the adults who are murder and have some offences such as alarming
majesty and treason. The judicial justices and Provincial Court judges in the criminal cases
conduct bail hearings, preliminary trials and hearing when an accused individual appeal not
guilty and punishing individual who found guilty (Criminal Cases, 2018). Apart from this,
when the criminal code needs that some offences be carried out in the Provincial Court then it
provides a choice to people with several serious offences to have their trial in the Supreme or
Provincial Court. If a person selects Supreme Court then either the accused person or Crown
prosecutor can appeal that the preliminary inquiry is held in the Provincial Court. The
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Provincial Court judge at the end of the preliminary inquiry does not take a decision on guilt
rather they take a decision on whether there is enough evidence for committing the accused
for standing trial in Supreme Court (Reid, 2013).
Conclusion
The Provincial Court of British Columbia plays a significant role in serving people by
providing them with a fair, accessible, innovative and efficient justice system. Legal rules
and regulations are being followed by all the members of the courts in an appropriate manner
in order to ensure fair decisions are being taken.
References
About the Court. (2018). About the Court | Provincial Court of British Columbia. Retrieved
from http://www.provincialcourt.bc.ca/about-the-court
Courts of BC. (2018). Provincial Court of BC - Courts of BC. Retrieved from
https://www.courtsofbc.ca/provincial-court.php
Criminal Cases. (2018). Criminal Cases | Provincial Court of British Columbia. Retrieved
from http://www.provincialcourt.bc.ca/types-of-cases/criminal-and-youth
Evans, M. (2018). International law (8th ed.). Oxford: Oxford University Press.
FAQ. (2018). FAQ | Provincial Court of British Columbia. Retrieved from
http://www.provincialcourt.bc.ca/about-the-court/faq#cpp07
Kirton, J., & Madunic, J. (2009). Global law (10th ed.). Farnham: Ashgate.
Legal Research. (2018). The Role of Courts in a Society. Retrieved from
http://www.insearchofsanuk.com/the-role-of-courts-in-a-society/
Provincial Court. (2018). Types of Cases | Provincial Court of British Columbia. Retrieved
from http://www.provincialcourt.bc.ca/types-of-cases
Provincial Court of British Columbia. (2018). Provincial Court of British Columbia.
Retrieved from http://www.provincialcourt.bc.ca/
Reid, S. (2013). Criminal law (5th ed.). New York: Oxford University Press.
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