Comprehensive Report: Law and Legal System in England & Wales

This report provides a detailed overview of the law and legal system in England and Wales. It begins by outlining different types of law, including constitutional, corporate, criminal, employment, commercial, and contract law. The report then delves into the main principles of criminal law, such as the presumption of innocence, burden of proof, right to remain silent, and double jeopardy. It further explores the structure of magistrate and crown courts, including their roles and appeal routes within the criminal court structure. The report also examines the roles and responsibilities of various public services and organizations involved in the criminal justice process, and discusses how the effectiveness of the criminal justice process can be measured using performance data. The report concludes with a summary of the key findings and references relevant sources.

LAW & LEGAL SYSTEM

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
REPORT..........................................................................................................................................1
Types of Law in English Legal System ......................................................................................1
Main principles related to Criminal Law.....................................................................................2
Structure of magistrate and crown courts ...................................................................................3
Route for appeal in Criminal Court Structure .............................................................................4
Roles and responsibilities of range of public service and the related organisations involved in
criminal justice process. ..............................................................................................................5
Different ways through which effectiveness of the criminal justice process could be measured.
......................................................................................................................................................6
Performance data could be used for measuring effectiveness of criminal process. ....................7
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Criminal Justice system of United Kingdom is collective body which is responsible to
administer justice in UK. It consists of different institutions like police, crown prosecution
services and prison system of UK. Like every government department in UK, Ministry of justice
is forced to grapple with with lesser resources in last decade and also saw the budget to fall from
9.1 billion in 2010 to 7.35 billion in 2016. Since 2016 budget of Ministry of Justice gradually
increased, although budget for the year 2020 has shrunk by 2 percent compared with 2018-19.
Reduction in the police officers from 2010 in well known result of cuts and also funding of other
legal aspects in Judicial system have been reduced. Report is based on Legal and Judicial System
in jurisdiction of the England and Wales.
REPORT
Types of Law in English Legal System
The English Legal is made from combination of different laws. There are different types
of laws:
Constitutional Law
It governs operations of the political communities and most notably state. It revolves
around concept of state protection fundamental rights of individual, though sometimes
legislations originates from the non national sources like EU. Protection of the individual rights
has been increasing concern for supranational institutions like EU.
Corporate Law
Lawyers work over directors, shareholders' rights, article of association, incorporation,
listing or desisting of the companies. The corporate law governs all the matters related with
companies, stakeholders and its operations. Corporate law provides regarding the rights and
liabilities of director and shareholders and penalties, punishments in case of breach (Partington,
2017).
Criminal Law
The law covers all forms of the criminal behaviour, without considering severity or
scale, lawyers could work over crimes on serious matters like, robbery or murder. The law
requires involvement in the international relations and also understanding the laws from different
jurisdictions, mainly when concerning the issues like extradition, terrorism and the money
laundering.
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Employment Law
It regulates relationship between employer and employee. It includes the judgement what
employers could ask and expect from the workforce and the rights individuals have in
workplace. The legislation focus over areas like discrimination, data protection, working hours,
dismissal and redundancy. The professional have to be very careful in understanding the
situations and application of this law.
Commercial laws
It advises government and companies on the business related issues about what this area
provides. The lawyers handle range of different stand-alone transactions and business deals and
is responsible to negotiate and create contract regarding business deals like supply of goods.
Contract Law
Contract refers to legal and binding agreement between parties regarding sale of goods or
services, exchange of ownership or interests (Altarabin, 2018). The contract law centres on
relations, validity and content of the agreements.
Main principles related to Criminal Law
Criminal law is somewhat different from the civil law where people from both sides may
not have tried for criminal offence or are not criminals. The four principles in criminal law
Presumption of the Innocence: Person are considered innocent until proven guilty. Even if they
are charged with offence in the question, it does not mean person is guilty and could not be
punished until evidence shows person is guilty. Judge, magistrate or jury has to listen all proofs
and decide abut whether person is innocent or guilty. If reasonable doubt is there that person is
guilty it needs to be acquitted of offence.
Burden of proof: It means whoever prosecuting a person should provide enough enough
evidence for proving the guilt. The guilt needs to be proved beyond the reasonable doubt, that
means person on the trial does not requires to prove the innocence (Thomas and McGourlay,
2017). It is in interest of the defendants to carefully explain reasons why person is not guilty or
to give other evidence which will help to prove innocence.
Right to remain silent: No individual is required to answer questions that are put by police. If
police has found person in act to commit the crime or to derive reasons to believe they have done
or about to conduct crime, person is required to provide necessary details like name and address
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then it will be considered as punishable offence. If they do not supply or provide false name and
address then it will be considered punishable offence.
Double Jeopardy: It means that person could not be charged double time for same offence when
it has acquitted. But if compelling and new evidence which was not available at first trial has
been presented or also there was hung jury, new trials will be ordered and will also be convicted
in this case. If there is tainted acquittal in which false evidence was submitted, intimidation of
witness or jury or form of corruption or bribery at first trial, then new trial could be ordered.
Structure of magistrate and crown courts
Magistrate Court
Magistrate Court in England & Wales is inferior court with primary criminal jurisdiction
that covers wide range of the public offences from traffic violations and health nuisances to
serious crimes like assault or theft. The magistrate court with the similar jurisdiction could be
found in the certain big states. There are hundreds of such courts in the England & Wales which
is presided over by panel or bench of 2 or more lay, the unpaid magistrates. These courts study
facts of the case and advise on point of law by clerk to justices, that is responsible for
administrative functions of courts (Partington, 2019). The proceedings are held in the open court
unless magistrates sit as the examining justices where they carry out the inquiries preliminary to
trials in the serious matters which may need committal of accused to higher courts for trial.
Magistrate Courts handle criminal case, it deals with civil matters that includes non
payment of council tax or family cases. Appeal is made to Crown court for further proceedings.
Crown Court
Crown courts make trial of criminal matters in which defendants has elected the trial on
either way offence or where matters are indictable only. Occasionally the courts Crown Court
that could impose the maximum penalties of potentially unlimited fine or the life imprisonment.
Lower courts person that makes decision related to matter of facts in Crown Court is panel of the
randomly twelve selected members of public that sits as jury. Judge makes the decision related to
law and charged with he overseeing proceeding that ensures both sides have fair trials and the
adjudicating on matter of law which may arise (Short and et.al., 2018). Crown court undertakes
indictable criminal suits which are transferred from Magistrate court, which also includes critical
criminal cases, and those sent for appeal and sentencing. The cases heard heard by judge and
jury. The decisions of Crown Court could be appealed to Criminal Division of Courts of Appeal.
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Structure of Courts of UK for Criminal Proceedings
Route for appeal in Criminal Court Structure
Person who is convicted of crime has various options to seek additional relief from
criminal justice structure. It includes filing of appeal for having criminal convictions overturned
or the sentence reduced. The appeal is for people who have not won the case but is completely
based on decisions reached in case.
Process to appeal
If person is unhappy about decisions made by judge in case, it has right to make appeal
against decisions to judge in higher courts or in case of the tribunal of Upper Tribunal or the
Employment Appeals Tribunal. It must have proper grounds to make appeal and there are strong
restrictions of time for appeal. It is difficult for court staff and government official for reviewing
judgement that are made by courts (Davies, 2020). It is because judiciary is independent and it is
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not free for deciding outcomes for cases without having any fear of intervention from
governmental administration.
Magistrates
Decisions of magistrates could also be challenged. Method depends on case and
circumstances of case. Appeals for decisions made by magistrates for criminal cases are dealt by
Crown Court. Appeals are made in magistrate court and papers are sent to Crown Court.
Crown and County Courts
Appeal for Crown & County courts could be made for criminal and civil cases but it is
essential to take leave or permission from judge before appeal is made against conviction in
criminal case. The application for appeal and leave for appeal against decisions of Crown Court
are dealt by Criminal Division Court of Appeals.
The appeal against outcome of hearings in High Court or Count court are dealt by Civil
Division Court of Appeal. Though HMCTS court is unhappy in offering procedural guidance,
there is no training or permission to provide the legal advice or for discussion regarding filing of
appeal. Legal assistance could be provided by the solicitors (Byrne and et.al. 2020).
Alternatively person could also contact Citizen Advice Bureau or any other advisory agency,
where no charge is taken for advice.
Roles and responsibilities of range of public service and the related organisations involved in
criminal justice process.
Criminal Justice system consists of Police, Courts and the Corrections. Goal of three
subsystems is reduction of the crime in community. There exists number of steps that are
followed by the person who enters into criminal justice process. Roles and responsibilities of the
personnel within police department, courts and the correction system are reviewed.
Police Departments
Police department refers to public agency who have responsibility to maintain the law
and order, enforcement and providing services. Main role of police includes selective
enforcement of law, major task of police that includes the selective enforcement of law,
protection of public, to arrest suspected violators of the law and prevention of crime. They have
responsibility to operate in community for controlling and preventing the crime. Police is
required to cooperate with the prosecutors of criminal investigations, collection of evidence that
is essential for obtaining convictions in courts.
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Courts
Courts refers to tribunal where the person accused for violation of criminal laws comes to
determine their criminal responsibility by judges and juries. Courts main objective is to identify
truth and to seek fair justice. They have the responsibility to ensure that suspected criminals have
received fair trial and to determine guilt or the innocence of accused. The have to ensure that
proper justice is received by the person filing suit and punishment is given for criminal act.
Decisions must be taken after analysing and seeking evidence for the case. Lawyers must ensure
that punishment is provided to convicted party. They should manipulate laws for protecting any
person but must act in just and fair manner.
Corrections
It includes probation, jail, prison, jail and variety of community based sanctions like
house arrest or electronic monitoring. Goal of correction subsystem is rehabilitation of offenders
or altering the behaviours so that they are accepted in the society and are law abiding. It must
ensure that behaviours of the person sent for corrections is changed for ensuring public safety. It
is important part of the criminal justice system where change is expected. The officials must
undertake their roles and responsibilities seriously for behavioural improvement.
Different ways through which effectiveness of the criminal justice process could be measured.
Multi dimensional nature of the justice system calls for multi dimensional approach for
performance measurement. The whole society relies on judicial system for their safety and
security and feel that they will get the justice from courts and government systems. It is essential
that programs laid by judicial system are effective.
Reduced crimes and victimisation
The main aim of justice system is to implement law and order for protecting the rights of
people and reducing the criminal acts. Justice system is established to protect the citizens and
well being and to reduce perceived and actual danger of the crime and victimisation in
community (UK Judicial System, 2020). It is measured through number of cases being reported
within given time frame. If the crimes being reported are increasing it means the judicial system
is not effective.
Reduced fear and enhanced personal security
It could not be measured directly as it is subjective matter. Personal security and fear for
crime are associated with perception of citizens of environment that is not something which
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could be influenced or controlled. When the judicial system is effective the convicts will get
proper punishment and imprisonment. The effective proceedings without biases restricts people
from committing crime. This develops confidence among the society and creates environment of
personal security with reduced fear of crimes. It could be identified that where the citizens feel
free and safe it reflects effectiveness of judicial system of country.
Ensuring civility in the public faces
Crimes also occurs in private places thought the privacy is protected by the constitutions
in Western world. Justice system ensures that there is proper protection of the people in private
spaces. It is responsibility of police for ensuring well being and safety of the citizens in public
space. Crime rate in public spaces and the clearance rates like crimes are direct measure of
dimension.
Use of authority and force fairly, effectively and efficiently
Justice department has given different departments authority for maintaining law and
order for which force is applied in certain circumstances. It must be ensured that power is used
only for protecting the citizens from danger and becoming victim. It could be measured by
ensuring that there is proper monitoring and control over powers of different judicial
departments.
Performance data could be used for measuring effectiveness of criminal process.
The performance data play an important role in measuring the effectiveness of the
criminal justice process. It provides whether the action being laid down by judicial system are
effective or not. Performance data is result of the different judicial campaigns laid down by
judicial authorities and department.
The crime rates could be measured in the society within given time frame to identify
whether there is increase or decrease in number of cases that are being reported with justice
system. Increase in criminal cases shows that system is not effective and the departments is
required to be made more strict and active to control the crimes (Eubanks, 2019). Bases on
these data new policies and laws could be framed for ensuring that suspected people are within
control for ensuring safety and security of people in society.
Increase in fear and cases reflect that judicial system of country is not working
effectively. The increase in number of appeals shows that decisions taken by the courts are not
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satisfactory and reliable. It could be interpreted that decisions are not taken after proper
gathering of evidence and proof for the cases.
CONCLUSION
It could be concluded from the above report that English Judicial system is ancient and
strong. The judicial system has not been updated from years and the processing of cases is very
weak and time consuming. The new frameworks have to be established for making the analysis
for different laws. The delay in judicial process makes it critical for the people to get justice
timely. There is increased need for judicial system to be changes where the trials are made fast
and quick.
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REFERENCES
Books and Journals
Partington, M., 2017. Introduction to the English Legal System 2017-2018. Oxford University
Press.
Altarabin, M., 2018. Translating English Legal Lexical Features into Arabic: Challenges and
Possibilities. AWEJ for Translation & Literary Studies. 2(2).
Thomas, M. and McGourlay, C., 2017. English Legal System Concentrate. Oxford University
Press.
Partington, M., 2019. Introduction to the English Legal System 2019-2020. Oxford University
Press, USA.
Short, R., and et.al., 2018. Offending behaviour, health and wellbeing of military veterans in the
criminal justice system. PLoS one. 13(11). p.e0207282.
Davies, G., 2020. Facilitating Cross-Border Criminal Justice Cooperation Between the UK and
Ireland After Brexit:‘Keeping the Lights On’to Ensure the Safety of the Common Travel
Area. The Journal of Criminal Law. p.0022018320977528.
Byrne, B., and et.al. 2020. Ethnicity, Race and Inequality in the UK: State of the Nation (p. 316).
Policy press.
Eubanks, H.E., 2019. A Clash of United States-United Kingdom Criminal Justice Systems: A
Way Forward to Better Justice.
Online
UK Judicial System. 2020. [Online] Available trough: <https://www.supremecourt.uk/about/uk-
judicial-system.html>
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