Understanding Criminal Law and Court Systems in England

Desklib provides past papers and solved assignments for students. This report analyzes the English legal system's criminal justice framework.

Law and Legal System
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Table of Contents
Introduction......................................................................................................................................3
LO1..................................................................................................................................................4
P1 Describe the types of law in the English Legal System..........................................................4
P2 Explain the main principles relating to criminal law..............................................................5
M1 Evaluate the type and principles of law that applies to a particular offense.........................7
LO2..................................................................................................................................................8
P3 Explain the structure of the Magistrates and Crown Courts...................................................8
P4 Explain the route for appeal in the criminal court structure...................................................9
M2 Analyse the structures of the Magistrates and Crown Courts for criminal proceedings.....10
D1 Demonstrate how the criminal justice system works by critically analysing how a particular
criminal offence would be dealt with.........................................................................................11
Conclusion.....................................................................................................................................12
Reference.......................................................................................................................................13
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Introduction
Law and legal system assist in maintaining peace in the country and assist the citizens of a
particular country to abide by the laws and regulations. In this assignment, it develops the
understanding of the legal system of the UK by focusing on the system of criminal justice and
also the organizations that are established within it. This assignment also depicts the various
types of laws, the effectiveness of the legal system, a brief discussion on the laws and regulations
that are enacted under the criminal law. The law and legal system of any country assist in
maintaining the law and order in the country so as to avoid the unfavorable situation in the
country. It also provides information related to the judiciary and their roles in the United
Kingdom and also explains characteristics of the law.
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LO1
P1 Describe the types of law in the English Legal System.
Criminal Law- Criminal laws are enacted to prevent the act of criminal nature. In the trials of
the criminals, the commencement of the prosecution and the burden of proof is upon the person
who is guilty of the offense and it must be proof beyond the reasonable doubt (Hunt and
Wheeler, 2017). The trials of the criminal offenses are commencing under the Crown Court and
Magistrate Court. In such cases, the role of the Magistrate is crucial for resolving the cases of
criminal nature. In this, the individuals who breach the rules and regulation under this law get
punished with fine and imprisonment of life.
Civil Law- Civil laws are the cases that are filed by the private parties which involve the
compensation regarding finances. This law governs the rights and responsibilities of the
individuals and provides the right to the innocent party to claim the damages against any injury
caused due to misleading and unfair acts.
Common Law- Common laws are the laws which are created by the Common Courts which
include the equity law and it is also known law made by Judge (James and Hodgkinson, 2015).
In the English legal system, it refers to the system of traditional nature and it depicts the prices of
lawmaking which is governed by the doctrine of the judicial precedent. As per this doctrine, it
states that the lower court is bound with the decision passed by the higher courts in the previous
cases. According to the case of Broome v Cassell & Co Ltd [1972] AC 1027 where the court
held that the role of the judiciary is too intemperate the law and common law development.
Statute- Statutes are the one which is enacted by the Parliament by following the appropriate
procedures where firstly the bill is drafted by following the stages of both the Houses of
Commons and Lords and after the consent of both the houses the bill is finally required the
assent of the Queen of the Monarch and after receiving the consent the bill finally becomes the
law.
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P2 Explain the main principles relating to criminal law.
In the Criminal law there are various principles are guided under this and these are explained
below:
Judicial precedent
Judicial precedent is the court's judgment that deals with the cases of similar nature and facts
which assist the judges in making the decisions (Ferstman, et. al., 2018). The decisions of the
higher courts are bound on the lower courts in the cases of similar nature and facts.
Binding court hierarchy
As per the Binding court hierarchy, it states the decision of the higher is bound to follow by the
lower courts. The judges determine the nature of binding cases is depending upon the facts that
area involves in similar previous cases. Moreover, it is upon the court to decide the case is of
nature of binding or not on the basis of the jurisdiction incapacity or the court not posses the
power to handle the case.
Avoiding precedent
This precedent assists the court to avoid the decision if they do not agree with the precedent that
is passed by the higher courts by followed several approaches or can follow the method of
overruling.
Mens rea
To test the liability under the Criminal law it is important that the criminal must have a guilty
mind before the commission of any crime (Taylor, et. al., 2018). It shows the mental intention or
the state of the individual that the person voluntarily committed the crimes. In the case of Hyam
v DPP [1975] AC 55 where the court held that it is important that the defendant must have guilty
action.
Actus reus
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As per the quotation of actus non fact reum nisi mens sit rea stated by the Sir Edward Coke
which states that along with the guilty mind it involves guilty action. In the case of R v Quick
[1973] where a court held that along with the guilty mind must possess guilty action.
Burden of proof
In the Criminal law, the burden of proof lies on the defendant to prove the defenses or evidence
which is beyond the reasonable doubt so as to validate the criminal conviction (Ashworth and
Perera, 2018). In the criminal laws, the guilt for proof the burden of the guilt is upon the
defendant.
Standard of Proof
For providing justice under the criminal law it is presumed that the defendant is not treated guilty
until and unless the guilt is proved (Mohammed and Nawangb, 2018). The standard of proof
under the criminal is applied in the proceedings of the criminal but these need to prove beyond
the reasonable doubt and if there any doubt exist, the Magistrate or the Jury make the defendant
guilty.
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M1 Evaluate the type and principles of law that applies to a particular offense.
The offense can be categories under civil law or under criminal law. Where the decision passed
by the higher courts care bound to follow the lower courts on the basis of several principles
which includes judicial precedent, Burden of proof, actus rea, mens rea, avoiding precedent,
standards of proof and binding hierarchy of the court (Marett, 2018). Under criminal law, the
proceedings are guided by the Contempt of Court Act 1981. In this law, the person has to prove
the guilty mind and action that are required to prove the crime of the person.
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LO2
P3 Explain the structure of the Magistrates and Crown Courts.
Magistrates Courts
The courts of the Magistrate are judge by the peace of justice which is alternatively termed as the
magistrates. In this, the cases are heard by the tow or more than two judges as per Section 121
under the Magistrates Court Act, 1980. It is not necessary that the justices are qualified legally
and in the Court of the Magistrate District judges can also entertain the proceeding but it is
important that they are qualified legally (Webley and Samuels, 2015). According to Section 26
of the Courts Act, 2003 the District Judge of the Magistrate Court carries out both the civil and
the criminal work.
Criminal Jurisdiction All the cases of criminal nature are
commencing in the Court of the Magistrate. In
this, if the defendant is liable under the offense
is of indictable then the proceeding of the case
held in the court of the Magistrate. Further, if
the defendant is charged under the summary
offense then the trail is held under the court of
the Magistrate.
Civil Jurisdiction The Statute depicts the jurisdiction which
consists the family proceedings, children
adoption, matters of taxation and other related
matters.
Terminology The offenses of criminal nature are categories
into two parts which includes indictable or
summary offenses that depend upon the
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offense and its seriousness.
Sentencing The Magistrate Court can give punishment up
to 6 months in the prison or a fine or a
community sentence or a ban.
Crown Courts
The proceedings under the Crown court are enacted by the single judge. This court is the part of
the senior court and possesses the jurisdiction all over England and Wales (Moran, 2016. Under
this court, the jurisdiction is based on the trial of the indictment as mentioned under Section 46
of the Senior Courts Act 1981. This court gives the sentence by combining the punishments. The
maximum sentence that can give by the Crown Court is 6 months of the imprisonment or fine or
both.
P4 Explain the route for appeal in the criminal court structure.
Appeal court
hierarchy
In most of the cases, these are commencing from the Courts of
the Magistrate and if the case is of complex nature than it is
forward to the Crown Court. Any appeal lies against the Crown
Court is apply to the High Court and in the least circumstance
further, the appeal against the appeal court lies to the Supreme
Court.
Right to appeal This right is governing under the applicable legislation and it
must be filed within the period of limitation. The main aim
behind this right is to take the fair decision and provide the actual
justice to the innocent party (Potter, et. al., 2017. This right is
granted when the lower court wrongly determines the important
information relating to the facts of the case.
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Leave to appeal Leave to appeal is required when the Superior from the
subordinate court or if the Supreme Court refused in entertaining
the appeal or the High Court (Whitehead, 2015).
Appeals process For the appeal, the convicted is requiring the permission and
applies for it within 28 days from the date of the conviction of
the offense.
The process of the Appeal requires that the appellant file the
Form N161 under any claim for the matter involve the civil
nature, Form NG is filed an appeal to the Appeal Court and Form
SC is the form file for filing the appeal to the Supreme Court.
A person can appeal within 21days from the date when the
pleader gets sentenced. The Court makes the decision within 80
days from the day of making the appeal.
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M2 Analyse the structures of the Magistrates and Crown Courts for criminal proceedings.
The structures of the Magistrate and Crown Courts for criminal proceedings are analyzing where
both the courts entertain the cases by providing justice on the principle of equality (Clarry and
Sargeant, 2016). Both the judges of the Magistrate and District judge are covers the large section
of the society and their experience is much wider by gaining the experienced in the particular
field with many years. The proceedings of the Crown Court are entertained by the single judge
which is more quickly as if it is compared to the Courts of the Magistrate where the judge under
the Magistrate court providing the decision by consulting g with the other judges (Davies, et. al.,
2015). In this, the Crown court accesses the suits of the complex nature and provides justice
within a less period of time frame.
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D1 Demonstrate how the criminal justice system works by critically analyzing how a
particular criminal offense would be dealt with.
The system of the Criminal Justice is worked in a fair and transparent manner so as to provide
justice to the innocent party (Elliott and Quinn, 2016). The system of the criminal justice
provides several remedies to the offenders and the criminal so as to turn out them into the good
human being with the assistance of crime prevention and sent the criminal into the centers of the
rehabilitation (Bateman, 2016). For determining any offense the subordinate court considers the
decision of the higher courts while entertaining the cases of similar nature and the facts.
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